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portion of these species were removed from a revised Table 2, and the <br />resulting LVC is 44.07%. " <br />The assertion by the Division that neither "noxious" species nor annual or <br />biennial forbs can contribute to the total vegetation cover of reclaimed areas <br />when evaluating revegetation success is the source of CEC's concern. <br />CEC is bound by the Colorado Surface Coal Mining Reclamation Act, and <br />Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, <br />as well as the permit document- for the Keenesburg Mine as concerns the <br />requirements for judging revegetation success. We are not aware that any of <br />these documents require CEC to remove "noxious" species or annual or biennial <br />forbs from consideration in judging revegetation success. <br />Rule 4.15.1(2) states: <br />"All revegetation shall be in compliance with the plans submitted under 2.05.3 and <br />2.05.4, as approved by the Division in the permit, and carried out in a manner <br />that encourages the prompt establishment of vegetation cover and recovery of <br />productivity levels compatible with the approved postmining land use. <br />(a) The reclamation of all disturbed land, except water areas, surface areas of roads, <br />and other facilities that are approved as apart of the postmining land use, shall <br />include seeding or planting to achieve a permanent vegetation cover as specified <br />in (1) above. <br />(b) The vegetation cover shall be capable of stabilizing the soil surface to achieve <br />erosion control equal to premining levels. <br />(c) If the approved postmining land use is cropland, planting of the crops normally <br />grown in the area will meet the requirements ofparagraphs (1) and (2)(a) above. <br />(d) If fish and wildlife is to be a planned postmining land use in accordance with <br />2.05.5, the requirements of 4.18(5)(i) shall be satisfied as appropriate and as <br />approved by the Division to achieve and complement the planned uses. " <br />The above rule does not mention "noxious" plants or annual or biennial forbs as being <br />excluded from consideration when judging revegetation success. The regulations speak <br />only to establishing a permanent, stabilizing, productive vegetation cover. <br />To CEC it appears that the Division is now applying the 1995 Guideline <br />Regarding Selected Bond Release Issues as an additional layer of requirements <br />for judging revegetation success. It should be pointed out that this Guideline <br />states in its introduction: