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the criteria aze not met at the end of the five year monitoring period. Subsequent <br />phases shall not proceed until the success criteria are met. The success criteria <br />__ ___ ~, ~_,~i_nclude_,1)minimum90%oftreesandshrubs,plantedmust.he,aliu~and.hPalthlr.l.).,-__~ ... <br />vegetation cover percent (as measured in representative azeas by statistically <br />repeatable methods) must be equal to or greater than existing cover; and 3) tree and <br />shrub cover (as measured in representative azeas by statistically repeatable methods) <br />must be equal to or greater than existing tree and shrub cover. The reclamation bond <br />shall contain at least $786,608 to cover the cost of revegetation, in addition to other <br />reclamation costs in the reclamation bond. <br />Rationale: Construction Material Rule 3.1.10(1) requires revegetation to be established in a <br />way that is "at least equal in extent of cover to the natural vegetation of the surrounding area," and <br />C.M.R. 3.1.10(5) requires the Applicant to ensure the establishment oflong-lasting vegetative cover <br />by employing "appropriate techniques of site prepazation and protection...." Further, C.M.R. <br />4.2.1(1) requires all Financial Warranties to be set and maintained at a level that reflects the actual <br />current cost of fulfilling the requirements of the reclamation plan. Asset forth in the November 11, <br />2005, report from Elizabeth Payson and Denise Larson to Katie Fendel (Applicant's Exhibit 19, <br />attached hereto), the Applicant's proposed reclamation plan does not emulate or improve on wildlife <br />habitat in the azea. The proposed condition should be imposed in any 112 permit approval. <br />7. Proposed condition: <br />Applicant shall prepaze a delineation of all jurisdictional wetlands and waters of the <br />United States on the site prior to commencing blasting or earthmoving activities on <br />the site. <br />Rationale: Rule 6.4.10 Exhibit J requires the Applicant to provide a narrative of <br />descriptions ofpresent vegetation types, and the relationship ofpresent vegetation types to soil types. <br />In its November 16, 2005, Rationale for Recommendation of Approval, the Division states that <br />"there aze no known jurisdictional wetlands within the proposed affected land." Prior to the <br />commencement ofblasting or earthmoving activities on the site, the Applicant shouldbe required to <br />show proof of an acceptable survey for this purpose on the property and should provide a delineation <br />of any jurisdictional wetlands and waters of the Untied States located on the property. <br />Conclusion <br />The terms and conditions requested by the City above aze based upon the Construction <br />Materials Rules, Colorado Land Reclamation Act for the Extraction of Construction Materials, the <br />recommendations and rationale of the Division, and the statements and commitments of the <br />Applicant itself. Inclusion of these conditions in anypemut granted in this matter could significantly <br />reduce the issues in contention that will be addressed at the hearing in this matter scheduled for <br />December 13 and 14, 2005. <br />7of10 <br />