2010-12-27_REVISION - C1981019 (5)

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Colowyo Coal Company, L.P. Colowyo Mine 2009 PHASE II REVEGETATION EVALUATION REPORT REVEGETATION UNITS INCLUDED IN PHASE II SAMPLING: REFERENCE AREAS: EAST PIT WEST PIT SECTION 16 MOUNTAIN SHRUB EP028 EP038 WP003 S16010 SAGEBRUSH EP029 EP039 WP004 S16014 EP030 EPO40 WP005 EP031 EPO41 WP006 EP032 EPO42 WP007 EP033 EPO43 WP008 EP034 EPO44 WP009 EP035 WP010 EP036 WP011 EP037 1.0 INTRODUCTION Cedar Creek Associates, Inc. (Cedar Creek) was contracted in 2009 by Colowyo Coal Company (Colowyo) to evaluate revegetated units for Phase II bond release at the Colowyo Mine. Data collection was performed in the interest of ascertaining progress toward revegetation success in general accordance with Rule 3.03, Release of Performance Bonds. The revegetated areas evaluated in 2009 consisted of all or part of 28 units in East Pit and West Pit. In addition, two reference areas (Mountain Shrub and Sagebrush) were sampled to provide cover comparison values to facilitate an evaluation of success for the reclaimed units. The sample points for Phase II bond release and reference areas evaluated in 2009 are provided on Maps 1 through 3 (Appendix A). Field sampling for the directly measurable variable of ground cover was systematically conducted from July 26 through July 31, 2009. The 12 months prior to and during the sampling period could be characterized as having slightly below average precipitation. However, the month of June received almost double the normal precipitation. Due to the timing of that quantity of precipitation, plant vigor and growth can be considered normal, even though the total precipitation was below average for the CEDAR CREEK ASSOCIATES, Inc. Page 1 Colowyo Coal Company 2009 Phase II Evaluation (Updated Dec -10)