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Rio Tinto Energy America <br />Colowyo Coal Company, L.P. <br />COLOWYO MINE <br />2008 PHASE III BOND RELEASE EVALUATION - YEAR 1 <br />REVEGETATION UNITS <br />IN PHASE III SAMPLING: REFERENCE AREAS: <br />EP028 WP001 MOUNTAIN SHRUB <br />EP029 WP003 SAGEBRUSH <br />EP030 WP004 <br />EP031 WP005 <br />EP032 WP006 <br />EP033 WP007 <br />EP034 <br />EP035 <br />1.0 INTRODUCTION <br />Cedar Creek Associates, Inc. (Cedar Creek) was contracted in 2008 by Colowyo Coal Company <br />(Colowyo) to evaluate revegetated units for Phase III bond release at the Colowyo Mine. Units included <br />in this Phase III evaluation were established and reclaimed between 1996 and 2000 (with one very small <br />area established in 1995). Sampling was performed in the interest of ascertaining progress toward <br />revegetation success in general accordance with the proposed technical revision (TR -72) submitted by <br />Colowyo in early 2008. Data and corresponding success testing in this document are presented under <br />the predication that the technical revision be acceptable to the Colorado Department of Reclamation, <br />Mining, and Safety (CDRMS). Revegetated areas evaluated in 2008 consisted of all or part of 14 units <br />comprising 203.1 acres in East Pit and West Pit. In addition, two reference areas (Mountain Shrub and <br />Sagebrush) were sampled to provide cover and production comparison values to facilitate an evaluation <br />of success for the reclaimed units. Phase III bond release data analysis and presentation by Cedar Creek <br />occurred using the proposed standards for the post- mining land use subcomponent of grazing land. <br />Sample points for Phase III bond release and reference areas evaluated in 2008 are indicated on Maps 1 <br />—3. <br />Cedar Creek Associates, Inc. Page 1 Colowyo Mine <br />Phase III Bond Release Evaluation <br />