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Reclamation success for herbaceous productivity will be determined using an approved <br />formula which accounts for effective precipitation. The formula used to determine <br />successful herbaceous production is: y=0.3749xz lass where x equals precipitation <br />measured at the mine site from September 1st through July 31st preceding the vegetative <br />sampling event, and y equals herbaceous production. The measured herbaceous production <br />on the reclaimed azea shall not be less than 90 percent of the calculated cover value with a <br />90 percent statistical confidence of the calculated value. This formula was derived from <br />data collected on the Osgood reference azea over a ten yeaz period <br />Rules 4.15.7(2)(d)(v) and 4.15.8 (Rules 4.15.9 and 4.15.10 do not apply to the Keenesburg <br />Mine site) have been met. <br />The reclamation success criteria for species composition aze: a minimum of four perennial <br />species shall be established, composed of a minimum three warm season perennial grass <br />species and one cool season perennial grass species. No one species will comprise a <br />relative importance of greater than forty percent or less than three percent. <br />E. The Osgood reference area was used to determine revegetation success in a manner <br />that the Division finds acceptable [Rule 4.15.7(2)(d)(v)]. The Osgood reference area is no <br />Longer needed for comparison upon approval of TR37 [PAP, Section 2.05.4, page 116b]. <br />XVI. Rule 4.16 Post-mining Land Use <br />The post-mining land use of Rangeland (PAP, Section 2.05.5, page 124) meets the criteria of <br />Rule 4.16.3. The site is classified as rangeland by the U.S. Department of Agriculture, Natural <br />Resources (Soil) Conservation Service, as shown on page 37 of the PAP, general soil map of <br />Weld County, Colorado. The proposed postmining land use is compatible with adjacent land use. <br />Demonstrations of feasibility are not necessary. The proposed use will not present actual or <br />probable hazazd to public health or safety nor pose actual or probable threat of water flow <br />diminution on pollution. The use will not involve unreasonable delays in reclamation. No <br />measures to prevent or mitigate adverse effects on fish, wildlife, and related environmental <br />values or threatened of endangered plants aze necessary [PAP, Section 2.05.6 (2)]. <br />XVII. Rule 4.17 Air Resource Protection <br />The Colorado Department of Public Health and Environment (CDPHE) administered emission <br />permits. Air emission permits were subsequently canceled, and reclamation activities were <br />redesignated to Air Pollution Emission Notice (APEN) Required status. <br />XVIII. Rule 4.18 Protection of Fish, Wildlife and Related Environmental Values <br />There aze no fish, and there is no fish habitat, on the site. Impacts to as many as 50 species of <br />mammals, birds, and reptiles are described in the permit, as well as their recovery after <br />reclamation [PAP, Section 2.04.11]. There aze no known endangered species in the azea [PAP, <br />Section 2.04.11 4 B, page 95 and 98]. <br />Permit Renewal OS Findings <br />October 30, 2006 <br />Page 23 of 25 Pages <br />