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does not indicate limiting factors. Metals aze not limiting in the topsoil, and soil fertility is low but probably is not vastly different than native soil conditions. Picketwire did not conduct any soil sampling in the reference area to provide comparison. No rooting studies or observations were made to indicate whether roots were confined to the upper 12-inch topsoil layer or if roots extended into the waste layer or were restricted at the soil/waste interface. The data collected on the Study azea is encouraging in that erosion appeazs to be controlled, herbaceous productivity favorably compares with herbaceous productivity in the reference area, none of the analyzed soil parameters are limiting factors, though the site could benefit from appropriate fertilization, and a diverse permanent stable community is establishing on this reclaimed area. Unfortunately, based upon the vegetative cover (30%}, and lack of warm season grass establishment, the Division cannot conclusively determine that one foot of cover is adequate to cover the waste material. One item that was uncleaz in the data presented. Picketwire proposed a change in reference area location in 1999. This report presents data collected on reference areas in 1999 and in 2001. Were these two years data collected from the same reference areas? The data reflects two very different species compositions and would appear that the data were collected from two different sites. Also the 2001 reference area data was based upon only 3 samples. Although the Snedecor-Cochran adequacy formula calculates the sample size as "adequate", as recommended in the Division's bond release guidelines, a minimum sample size of 15 is recommended even if statistical sample adequacy is achieved with fewer samples. Based upon information presented in the "New Elk Mine, 1992 Reclamation Area, Revegetation Success Study" this report does not support a reduction in the required cover material over a coal waste pile. 2