2010-12-17_REVISION - C1981019 (108)

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RULE 2 PERMITS excellent "take" is achieved at the time of seeding. In this regard, flexibility has been built into the success evaluation process so that if a positive recruitment rate to the shrub population can be demonstrated on Collom area revegetation, there would be no need to achieve elevated densities within a modest time -frame such as the 10 -year responsibility period. Colowyo makes the commitment to establish sagebrush steppe (comprised of both core and ecotonal areas) on approximately 350 acres (minimum of 175 acres core) of the Collom area reclamation or as otherwise agreed upon between Colowyo and CDRMS. This acreage is based on the following rationale: 1) identification of all Collom area disturbance post- mining acreage exhibiting slopes 10% or flatter (Map 19D); 2) elimination of all small, isolated, or impractical areas for targeting this community; 3) implementing "banding" (alternating strips of grassland versus shrubland) procedures on large units with long slopes that might otherwise lead to excessive "snowmelt" erosion; and 4) assuming 50% shrub establishment success (i.e. sufficient density) on the acreage that actually receives shrub conducive metrics. Please refer to Map 19D for a representation of areas that are < 10% slope at Colowyo Mine according to the proposed PMT surface. Also refer to Map 46 for the location of areas to be targeted for either sagebrush steppe or grazingland plant communitites. Critical to the adoption of this approach is the need for Colowyo to be allowed to deviate from the plan in instances where plan maps or specifications do not reflect "on- the - ground" reality, and to the contrary, when opportunities for adding unplanned supplementary areas targeting shrub establishment present themselves. By acceptance of this approach, Colowyo will be granted the flexibility to take advantage of day -to -day opportunities to promote shrub establishment and be able to option out of planned areas if site conditions prove significantly different than anticipated. Such flexibility will in no way be allowed to circumvent the requirement to maintain a proper life -of -mine topsoil balance and overall plan objective to improve shrub establishment. All significant deviations from plan maps and expectations will be documented and submitted in the Annual Reclamation Report. In this manner, as well as documentation through bond release evaluations, CDRMS will maintain authority over any such deviations. Related to this flexibility and as presented in Section 4.15, Colowyo commits to woody plant density success criteria (among several others) for Phase III bond release that are ecologically defensible and appropriate. This commitment is in the interest of promoting the momentum of the bond release process and the pursuit of a "land -use" based reclamation program. Furthermore, this commitment on the part of Colowyo is based on the fact that recent experience and advancements in reclamation science now dictate less stringent requirements for a 10 -year bond responsibility period. Historically, woody plant density success criterion, developed more than 30 years ago when Colowyo began surface operations, were established at too high a level over too short a time period to be consistently achievable on a large scale given the technology and regulatory limitations at the time. Revegetation Plan Following the retopsoiling of an area, any necessary fertilization, surface preparation, berm development, construction of contour furrows, and seeding of the reclamation will take place. The reclamation seed mixture for areas targeting grazingland (and erosion control), as shown in Volume 1, Table 2.05 -7, Reclamation Seed Mixture, contains sufficient diversity for ecological stability and is appropriate for reclamation areas in the Collom area. The seed mixture contains a variety of grasses, forbs and shrub species well adapted to the soil and moisture conditions found at Colowyo. The diverse seed mixture is capable of self - selection for each reclaimed micro - habitat encountered in the reclaimed areas. The diverse seed mixture is required to ensure quick erosion control for the first few years of reclamation as well as obtaining the desired post- mining vegetative community with the same seasonal variety and lifeform of the pre -mined area. Collom — Rule 2, Page 108 Revision Date: 1/23/09 Revision No.: PR -03