2009-08-13_PERMIT FILE - C1981019A (3)

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• Use of hunting pressure to reduce elk utilization of new reclamation where it can be incorporated in a safe manner given proximity to active mining. Develop special seasons in concert with CDOW for management of "refuge" elk. For obvious reasons, any activity in this regard would have to be designed and approved for implementation in accordance with applicable statutes. Furthermore, approvals from appropriate agencies (CDOW, MSHA, etc.) will be obtained as necessary. • Use of orchard grass (Dactylis glomerata) in key reclamation locations to encourage elk away from maturing shrub populations. It has been documented that this taxon is heavily utilized by foraging elk. • Implement procedures for micro-habitat development whereby snow catchment is encouraged and shrub heavy mixes can be applied. • Interseeding of shrubs (as necessary as a normal husbandry practice) within areas not exhibiting satisfactory establishment of shrubs, but still presenting opportunities (micro-niches) for shrubs. Such interseeding would be performed in accordance with Rule 4.15.7(5)(g), and documentation of any such efforts would be provided in the Annual Reclamation Report for that year. Application of PERA includes management and revegetation specifications (e.g., shrub species in the seed mix) for use on the "grassland" targeted areas that will facilitate additional shrub establishment when climatic or other conditions are favorable. In this manner, small and/or scattered patches of additional shrubland may be established that will provide improved habitat diversity, especially for sage grouse. However, since this type of reclamation is entirely dependent on the vagaries of nature, dependence upon such techniques cannot be relied upon. Where shrublands evolve on reclaimed lands, they will be segregated into "core" areas and "ecotonal" areas (as is typically evident in nature), each with a separate woody plant density success criterion but both counting as "shrubland". Ecotonal areas are those areas that exhibit shrub-conducive habitat conditions (e.g., thin grass cover, skeletal soils, etc.), but have not as yet developed the more elevated densities of "core" areas. It has been noted repeatedly in the reclamation industry that the 10-year bond responsibility period is often insufficient for the adequate development of shrub populations unless an excellent "take" is achieved at the time of seeding. In this regard, flexibility has been built into the success evaluation process so that if a positive recruitment rate to the shrub population can be demonstrated on Colowyo revegetation, there would be no need to achieve elevated densities within a modest time-frame such as the 10-year responsibility period. Colowyo makes the commitment to establish sagebrush steppe (comprised of both core and ecotonal areas) on approximately 450 acres (minimum of 225 acres core) of the post-2008 reclamation for the original and South Taylor permit areas, or as otherwise agreed upon between Colowyo and CDRMS. This acreage is based on the following rationale: 2.05-44 Revision Date: 3/14/08 Revision No.: TR-72