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h) An "elk proof' exclusionary fence will be erected around the perimeter of the <br />study area to protect the area from ungulates if the area experiences targeted <br />herbivory from ungulates post emergence. <br />i) In the event of stand failure of the Tall Shrub strips the area will be re-seeded <br />to grassland for purposes of Phase III bond release in the future. <br />3) Colowyo agrees to establish one small (not greater than 1 acre) tall shrub <br />establishment site with thin topsoil conditions. The location of this trial will be within <br />the area designated for Sagebrush Steppe establishment. <br />a) The area will be regraded in accordance with PMT requirements. <br />b) The area will be tested for overburden suitability as per requirements. <br />c) An approximate average of four inches of topsoil will be placed to replicate <br />common topsoil depth conditions in the surrounding area in stands of this <br />nature. <br />d) The Sagebrush Steppe mix will be modified to reduce the volume of "low <br />shrubs" in favor of tall shrub components of the mix. The grasses currently <br />included in the mix will also be reduced to minimize competition, while still <br />providing some soil stabilization function. The specific seed mix to be <br />utilized will be presented to the Division for their consent prior to <br />implementation of the trial. <br />e) For this trial, commercially available seed from the most similar source <br />elevation available in the region will be utilized. <br />f) In the case of this trial, the entire area designated for this treatment will be <br />seeded to the Tall Shrub mix as the targeted area will provide minimal <br />potential for sheet flow erosion as it will ideally be nearly flat. <br />g) An "elk proof' exclusionary fence will be erected around the perimeter of the <br />study area to protect the area from ungulates if the area experiences targeted <br />herbivory from ungulates post emergence. <br />h) In the event of stand failure of the Tall Shrub strips the area will be re-seeded <br />to Sagebrush Steppe for purposes of Phase III bond release in the future." <br />Colowyo believes that the Stipulation is satisfied by the above-mentioned plans. <br />Colowyo has described in great detail the process, criteria, limitations, and goals that will <br />be applied to all reclamation areas moving forward. As the approved post mine land uses <br />of wildlife habitat in the form of Sagegrouse brood rearing habitat and Grazingland are <br />the focus of reclamation activities and Phase III bond release criteria, Colowyo hopes that <br />these field trials will be amenable to the Division. <br />Please contact me should you have any questions or concerns at 970-824-1531. <br />Sincerely, <br />&134-- <br />Kurtis R. Blunt <br />Environmental Engineer <br />cc: File