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4.0 SUCCESS EVALUATION <br />4.1 Ground Cover and Production <br />Success evaluations involve a direct comparison (and /or a reverse null statistical test) of appropriate <br />parameters for each variable of interest. Comparisons are made directly with either the reference area <br />parameters or the permitted standards (TR -72). In the case of ground cover and production, <br />comparisons are directly made against weighted reference area data of the same year. In 2008 and <br />2009, Cedar Creek was able to make direct comparisons between the revegetated units included in Phase <br />III bond release and reference areas with regard to the variables of ground cover and production. Charts <br />were developed to provide a quick overview of the success of these revegetated efforts in comparison to <br />reference area based criteria. <br />Chart 3 and Table 8 exhibit the results from ground cover sampling, and reveals that the Phase III <br />bond release area significantly exceeds the reference area comparison with 65.8% perennial cover versus <br />the 41.3% perennial cover standard (90% of 45.9 %) in 2008 and 72.6% perennial cover versus the <br />43.1% perennial cover standard (90% of 47.9 %) in 2009. Chart 4 and Table 8 exhibit the results from <br />production sampling in 2008 and 2009. This chart reveals that Phase III current annual production <br />(1875.4 perennial pounds per acre) is substantially higher than the success standard of 427.1 perennial <br />pounds per acre (90% of 474.6 Ibs / ac) in 2008 and Phase III current annual production for 2009 <br />(1979.5 perennial pounds per acre) is substantially higher than the success standard of 548.3 perennial <br />pounds per acre (90% of 609.2 Ibs / ac). Moreover, Chart 4 reveals that Phase III current annual <br />production is at least double that found on the reference areas. <br />In Summary, Phase III areas addressed by this document strongly surpass the success <br />standards for around cover and production. <br />CEDAR CREEK ASSOCIATES, Inc. Page 31 Rio Tinto Energy America - Colowyo Mine <br />2009 Phase III Bond Release Evaluation — Year 2 <br />