2010-07-07_GENERAL DOCUMENTS - C1980006

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Memorandum To: Rob Zuber From: Janet Binn; Date: 7/7/201 /0 Re: Marr 20099 sampling for reclamation success g/1/4 M2 2.78 2.502 wpd=1500 s/a=37.07 s/100 M2 sp. Comp= 4 dom sp. Comprising < 83% rel. cover no one sp. > 40% rel. cover 1 of the 4 must be forb or shrub p.780.84a Tipple reference %cover 26.6 23.94 g/1/4 M2 4.64 4.176 sp. Comp= 3 dom sp. Comprising >53% rel. cover but < 75% rel. cover, one must be a forb, none<3% rel. cover 2009 reclaimed areas sampling 1999 %cover 33.94 Y PIII g/1/4 M2 30.81 Y PIII wpd 75.57 Y PIII sp. Comp N Tipple rec. 1999 %cover 32.85 Y PIII g/1/4 M2 19.36 Y PIII wpd 196.03 Y The Division reviewed The 2009 Revegetation Monitoring Report for the Marr Mine. The report was prepared by IME, and sampling was conducted on the 1999 (reseeded 2000) reclamation areas at the mine site, consisting of 8.29 acres, the tipple area, Alkali sagebrush reference area and the tipple reference area in 2009. The data from the 2009 sampling event demonstrates that both the 1999 reclamation parcels at the mine and the reclaimed load out area meet the reclamation success criteria with the exception of species diversity on the 1999 reclamation parcels at the mine location. Representatives of Kerr Coal Company completed vegetation sampling of the reclaimed areas, and reference areas in accordance with the approved sampling methodologies, and in accordance with Rule 4.15.7. Sample adequacy was not achieved on all sampling, reference areas and reclaimed areas, Cover, production and woody plant density. If sample adequacy was not achieved, the operator collected a minimum of 30 samples, and used reverse null calculations to demonstrate data acceptability in accordance with Rule 4.15.11(c). This approach is acceptable to the Division. The operator indicated that the 2009 sampling event was conducted to satisfy the requirement to obtain two years of vegetation data to demonstrate Phase III bond release reclamation success (Rule 4.15.7(5)). 1