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Representatives from the following agencies were invited to the inspection but did not attend: the <br />Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management <br />Division, Solid Waste Unit (CDPHE -SWU); and the Weld County Department of Public Health and <br />Environment, Solid Waste Division. <br />Besides CEC, there are no other land owners for the area impacted by this bond release application. <br />On December 9, 2011 the Division sent an adequacy review letter in regard to the SL -06 submittal. The <br />letter indicated that cover, productivity and diversity (species composition) standards were achieved in <br />the 2009 data, and in the 2010 data the productivity and diversity standards were achieved. However, <br />the adequacy letter expressed a concern regarding vegetation cover data collected in 2010. The data for <br />the vegetation monitoring in 2010 indicated the cover standard was not met because CEC included <br />cover attributed by Cheatgrass (Bromus tectorum) in the total cover values. The Division's guidelines <br />on the management of noxious weeds, which are incorporated into our rules (Rule 4.15.7(5)(b)), <br />indicate that noxious weeds cannot be included in the calculation for total cover. Cheatgrass is on the <br />noxious weed list of both Weld County and the State of Colorado, thus it should not have been included <br />in the total cover values attributing to the revegetation success. <br />The Division met with CEC on December 8, 2011 regarding this issue. During the meeting CEC <br />informed the Division that they had conducted revegetation monitoring in 2011 to measure vegetation <br />cover and diversity for the parcels requested for release in SL -06. After the meeting and based on <br />consultation between Division staff and management, the Division determined that it would be <br />acceptable for CEC to use the data collected in 2011 to meet the revegetation success criteria for cover <br />and for species diversity. <br />On December 22, 2011 the Division received a response to the adequacy review from CEC. Based on <br />the review of their 2011 data, CEC met the revegetation success standards for both cover and diversity. <br />Further information and analysis of CEC's revegetation success measurements is discussed below. <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />PHASE I <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when the <br />permittee successfully completes backfilling, regrading, and drainage control in accordance with the <br />approved reclamation plan." With regard to Phase I bond release, the approved reclamation plan for the <br />Keenesburg Strip Mine calls for backfilling mine pits to the approximate original contour (permit page <br />113). All parcels included in SL -06 have previously received Phase I bond release approval. <br />PHASE II <br />Page 3 <br />