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The followins eases demonstrate that the sediment pond at the Apex #2 Mine can <br />be removed since all requirements of Rule 4.05.2 (2) are met. <br />Listed below are the required demonstrations. <br />1) The Area has been revegetated and stabilized. <br />The area was retopsoiled and reseeded in the fall of 1992. A good initial cover the <br />following May prevented any erosion from occurring at the most vulnerable time. Over <br />the past 10 years, the vegetation has further improved and has shown its ability to <br />withstand drought conditions as is evidenced by the site's ability to pass the vegetation <br />requirements in the year 2002, which has been the worst year for rainfall in most of <br />Colorado in over 100 years. This area was definitely one that received much lower than <br />average rainfall and restrictions were put in effect on uses of the Yampa River nearby. <br />Other evidence of the site's ability to avoid sediment erosion ids the fact that 10 years <br />of monitoring the site after revegetation has not resulted in one rill or gully and no <br />maintenance in [his regard has ever been needed. <br />Summary pages of the 2001 and 2002 vegetation report (enclosed as an addendum) <br />show that perennial live cover is almost entirely herbaceous, which is what the <br />landowner desired, and is averaging 48.2 % live perennial cover. This is based on <br />averaging the data from study years 2001 and 2002. Additionally, annual forbs and <br />grasses make up another 3.3% cover, therefore, the total cover (not including litter) to <br />hold the soil is 51.5%. All of it is basically herbaceous cover. <br />2. Demonstration of Low Sediment Loss from Reclaimed Areas <br />The land requested for this bond release is rangeland. It cannot be compared to the <br />original community of a lowland meadow, since the site was completely altered pre-law <br />due to the construction of the County road cut and the pre-law development of the mine <br />portals. These changes resulted in considerable excavation material being placed on the <br />meadow. The meadow was raised 6 to 10 feet and there shallow groundwater was no <br />longer available for plants. In addition, no topsoil was salvaged from the pre-law <br />operation. The operator imported 6" of topsoil to place over the shaley coal material <br />that was present there on the surface. <br />For these reasons, this demonstration of low sediment loss is being made without <br />comparison to some earlier condition, which is not fully known. An engineering <br />calculation of the actual sediment loss from the reclaimed area is determined, which is <br />shown to be very low. Also, this calculation is backed by the fact that no sediment <br />2 <br />