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3. Based on the information contained in the 2008 Annual Reclamation Report, <br />Colowyo did not perform any backfilling and regrading, topsoil replacement or <br />reseeding work during the 2008 reporting year. As noted in 2 above, Colowyo <br />did redisturb 36.5 acres in the Section 16 Pit area. Of these 36.5 acres, 17.5 acres <br />had been Phase II Bond released and the remaining 19.0 acres has not been <br />released. Once Colowyo completes final reclamation on the 17.5 acres that have <br />been Phase II released the 10-year liability clock will be restarted again and Phase <br />I and Phase II Bond releases will be required again (as will a Phase III Bond <br />Release for final termination of jurisdiction). Since Colowyo did not perform any <br />backfilling and grading in the 2008 reporting year they are behind in their <br />reclamation. Colowyo has presented a new and ambitious reclamation schedule <br />for the years 2009-2012. This reclamation schedule is detailed on Map 29. <br />4. Colowyo disturbed an additional 359.0 acres during the 2008 reporting year. This <br />disturbance was mainly in conjunction with the South Taylor Pit box-cut and the <br />construction work on the West Taylor and East Taylor excess spoil fills. <br />Since Colowyo did not perform any backfilling and grading operations during the <br />2008 reporting year, no overburden monitoring was completed. Overburden <br />monitoring will need to be completed for all future backflled and regraded areas <br />using the approved overburden monitoring plan on permit page 2.05-3 (also <br />shown in Section 8 of the 2008 Annual Reclamation Report). <br />6. As stated above, Colowyo did not perform any topsoil replacement operations <br />during the 2008 reporting year. Colowyo did strip 928,764 cubic yards of topsoil <br />over 323.2 acres in 2008. The topsoil stripping operations were primarily <br />conducted in the South Taylor box-cut area and the West Taylor and East Taylor <br />permanent fill areas. This volume of topsoil corresponds to an average depth of <br />1.78 feet (21.4 inches). This topsoil was placed into the 16D pile (548,690 yards), <br />the 16E pile (5,912 yards) and the new 18 pile (374,162 yards). During the 2008 <br />reporting year there was a 2.1 acre topsoil removal exemption area along the <br />Section 29 perimeter ditch. This area was exempted from topsoil removal due to <br />safety concerns associated with the steep slopes. The topsoil exemption area, as <br />well as previous exemption areas, is shown on the Annual Reclamation Map, <br />Exhibit 5A. <br />7. Colowyo did provide copies of seed tags in Figure 4-2. These tags were for the <br />seed mix used for the temporary seeding and stabilization of their topsoil <br />stockpiles and the reclamation of their exploration sites. The seed mix <br />information contained on the seed tags matched the information contained in Rule <br />4.15 of the Colowyo permit. <br />8. Colowyo provided information regarding its permanent seed mix on pages 4-3 <br />through 4-5 of the 2008 Annual Reclamation Report. While this information was <br />correct for the 2008 reclamation year, the seed mix was changed with the <br />approval of Technical Revision 72, approved on 24 June 2009. Based on