2009-08-18_REVISION - C1981008 (3)

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I I Phase 2 Release Criteria and Results i Phase 2 bond release of coal mine is based on the following Colorado Division of Reclamation, Mining, and Safety criteria: Rule 3.03.1(2) (b) Up to eighty-five percent of the applicable bond amount shall !be released upon the establishment of vegetation which supports the approved land use and which meets the approved success standard for cover, pursuant to 4.15.8, meet's applicable productivity standards for prime farmlands or alluvial valley floors pursuant to 3.03.1(3)(b), or croplands pursuant to 4.15.9. With the exception of prime farmlands, evaluation of vegetation establishment pursuant to this paragraph is based on statistically valid data collected during a single year of liability period; i The 2008 Vegetation Sampling for Phase 2 Bond Release: Irrigated Pasture, dated September 30, 2008 report by BIO-Logic Environmental in Appendix B demonstrate that both the Irrigated Pasture and Dryland Pasture areas meet the requirements of the above rule. Vegetation Reference Area Values Land Use Type Mean Percent Cover Irrigated Pasture Reference Area 57.8 Irrigated Pasture Reclaimed Area 72.1 For vegetation cover, Rule 4.15.8(3)(a) requires: "...demonstrate that the revegetated area cover is not less than 90 percent of the reference area cover or 90 percent of the approved standard...". Based on the BIO-Logic report, Irrigated Pasture ;reclaimed area vegetation cover is 124.7% of the reference area. Details of the statistical analysis of the revegetation is present in the mentioned BIO-Logic reports. Phase 2 release areas must not be, "...contributing suspended solids to streamflow or runoff outside the permit area in excess of premining levels as determined by baseline data or in excess of levels determined on adjacent nonmined areas." i 11 i is is