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EXHIBIT 5 <br />The existing CDRMS regulations require that shrub density be sampled to sample adequacy <br />and that a minimum of at least 30 shrub density transects be sampled on each plant community. <br />However, on 30 July 2006, OSM issued revised regulations regarding the issue of shrub density <br />revegetation success standards, eliminating the need to sample shrub density. Thus, the <br />requirement to sample shrub density has been deleted on the federal level and the CDRMS has <br />applied to change their regulation accordingly, but to date, no approval has been issued for this <br />requested change in the state program. Given this regulatory contradiction, during permit <br />consultation meetings, Mr. Dan Mathews directed IME to sample shrub density only for those <br />transects where plant cover was collected and we were directed that it was not necessary to <br />achieve sample adequacy for this parameter. The sample adequacy formula contained in the <br />regulations was used, wherein a precision of 0.10 was used for cover and production and 0.15 <br />for shrub density. <br />On all of the proposed disturbance areas and reference area sampled, all of the field data were <br />analyzed in terms of "total plant cover" to determine whether sample adequacy was achieved <br />prior to leaving the site being sampled. On all major vegetation types sampled for production, a <br />minimum of 15 cover and 30 production samples were collected and the green plant weight <br />data analyzed to determine whether sample adequacy had been achieved. On all sites sampled <br />for shrub density, a minimum of 15 samples were collected and the data analyzed to determine <br />whether sample adequacy had been achieved. In instances where cover or production was not <br />• achieved with either 15 or 30 samples, respectively, then a maximum of 50 transects were <br />sampled. <br />During the consultation meetings held with the CDRMS, IME was informed that it was not <br />necessary to submit copies of the raw field data sheets, but that this information should be kept <br />in our files in the event that the CDRMS determined that they needed to review this <br />information. <br />NOXIOUS WEEDS <br />Historically, the CDRMS has issued various lists, reported to contain the official noxious weed <br />list with respect to the CDRMS regulations, for example Appendix B of the "Guidelines with <br />Land Use and Vegetation Requirements of the Colorado Mined Land Reclamation Board for <br />Coal Mining" issued in June of 1988, the undated "Guideline for the Management of <br />Noxious Weeds on Coal Mine Permit Areas," reports to contain a list of "noxious weeds for <br />the purposes of this guideline and the Coal Regulations." The CDRMS regulations at 1.04 (78) <br />state that "noxious weeds" means "species that have been included on official State or county <br />lists of noxious weeds." Examination of the Colorado Department of Agriculture website at <br />http: / /www.ag.state.co.us /Noxious Weeds /counties /Mesa.html on 15 July 2010 resulted in our <br />obtaining a list entitled "Mesa County Noxious Weed List." . <br />To standardize the issue of noxious weeds, in this report and associated Permit Application, the <br />term "noxious weeds" as used herein includes species found on the Colorado Department of <br />Agriculture website at: _http. / /www.colorado.zovlcs /Satellite ?c =Pa eg &cid on as accessed on <br />5 <br />