2010-12-17_REVISION - C1981019 (110)

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RULE 4 PERFORMANCE STANDARDS A copy of the transect data summaries for cover, production and woody plant density can be found in Exhibit 10, Item 6. Currently the reference areas are located in an area where grazing can be managed in accordance with the approved postmining land use. Comparisons of weighted averages between reference areas and revegetated areas under Subsection 4.15.7(4) (b) and Subsection 4.15.11 may be utilized to determine revegetation success. Similar methodologies and statistical tests used to compare premine and reference areas will be used to compare reference areas and revegetated areas. For weighted comparisons of Collom area revegetation, reclaimed area data will be compared against 39% of the Mountain Shrub Reference Area, 47% of the Sagebrush Reference Area, and 14% of the Grassland Reference Area data. For demonstration of revegetation success, vegetation cover, herbaceous production, and in certain circumstances woody plant density will be sampled to statistical adequacy (where necessary), and compared to the approved standard or reference area mean. The Division has completed a comprehensive bond release guideline (1995) that provides a good overview of recommended sampling approaches, statistical adequacy formulas and statistical tests. Furthermore, new regulations promulgated 9/14/05 under Section 4.15.11 detail new allowable approaches for vegetation sampling and testing. Colowyo will utilize procedures recommended in the new regulations, guideline, or other procedures that are as effective as the Division's recommendations. Before Colowyo begins a vegetation sampling program for bond release, the Division will be consulted to confirm sampling approaches and statistical testing. A base level or initial protocol is detailed under Section 4.15.11 below. As indicated in Rule 4.15.7 (5) the 10 -year liability period will begin following the last year of augmented seeding, fertilization, irrigation, or related revegetation work. To facilitate bond release, revegetation success criteria must be met for two of the last four years of the liability period excepting that sampling for final success determination cannot occur prior to year 9 of this period (unless these rules are changed to be less restrictive by the Division). The liability period will be re- initiated for augmentation work excepting work associated with normal management activities as defined under Rule 4.15.7 (5) (a -g). This allows the liability period to remain unchanged for such revegetation metrics as "interseeding" (4.15.7 (5)(g)) of additional grasses and forbs into a stand targeting shrubs to increase cover values of these life forms. To summarize the use of reference areas in this testing process, the following will occur. There are three reference areas (RAs) that will be utilized for testing against reclamation on the Collom mining area These reference areas are: Mountain Shrub RA, Sagebrush RA, and Grassland RA. All grazinglands (grasslands) reclaimed on the Collom mining area shall be compared to weighted parameters from the Mountain Shrub RA (39% weight), the Sagebrush RA (47% weight) and Grassland RA (14% weight) in ccordance with 4.15.7(4)(b). All Collom mining area reclaimed lands that evolve into a Sagebrush Steppe community' will be directly compared to the Sagebrush RA. . Areas that evolve into a sagebrush steppe community cannot be determined with certainty until several years following seeding, emergence, and maturation of shrubs. Emergence of this community may occur in both areas where sagebrush steppe is targeted as well as those grassland targeted areas that receive significant sagebrush seed. Any sagebrush steppe that evolves in either of these areas will be delineated with GPS techniques, sampled accordingly, and tested against the Sagebrush RA. Collom — Rule 4, Page 33 Revision Date: 1/23/09 Revision No.: PR -03