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7. Item Resolved. <br />8. Page 114, paragraph 4 - Elk proof fencing is an effective way to prevent the browsing and <br />destruction of planted shrubs to ensure shrub establishment. Given the intensity of elk use <br />at Colowyo, and results we have observed at Colowyo and other mines in northwest <br />Colorado, including research as well as operational plantings, fencing to exclude elk <br />appears to be necessary for successful establishment of shrub species including serviceberry <br />and chokecherry. This technique has been used with great success at other mines and has <br />proven to increased shrub survival and density. The Division would like to see a more <br />proactive fencing plan to prevent the destruction of the shrubs rather than a reactive <br />approach after "excessive damage (severe hedging) to those populations is noted." Please <br />submit a comprehensive fencing plan which addresses: location of exclosure (include a <br />map), size of the exclosure and plant community in the exclosure. <br />9. Item Resolved. <br />10. Item Resolved. <br />11. Item Resolved. <br />2.05.6(2) Fish and Wildlife Plan <br />1. At the time of the Division's second Adequacy Review for PR-3 (April 2011), Colowyo <br />was in the process of contacting the Colorado Division of Wildlife (CDOW) to discuss the <br />issues raised in CDOW letter dated Feb 15, 2011. The Division will not make comments <br />about Colowyo's wildlife mitigation plan until Colowyo submits a plan incorporating the <br />results of the meeting. <br />4.15.1 Revegetation Requirements <br />1. Item Resolved. <br />2. Item Resolved. <br />3. Pages 30 and 31, bullet i - In the event of a stand failure in the field trial areas, the Division <br />agrees with Colowyo that the area will revert back to sagebrush steppe for the purposes of <br />Phase III bond release. These 2-one acre areas will be counted within the entire sagebrush <br />steppe community and there is not a need for them to have their own separate standards. <br />Please amend bullet Ii) and 2i) in the Field Trials section by removing "with the exception <br />that the requirement for 50% of the required 375 shrubs in this area be big sagebrush, this <br />requirement will be reasonably dropped." Removing this part of the sentence will prevent <br />confusion and not require these areas to be individually sampled, meet sample adequacy <br />and be compared to the reference areas by a separate set of standards at bond release. <br />4. Item Resolved. <br />4