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Marr Mine and Loadout Apr 27, 2011 <br />2011 Reclamation Report <br />accordance with the approved water monitoring schedule as well as routine overall maintenance <br />of the site. As stated above (Item 7), Canada Thistle was treated at the Loadout during <br />September, 2009 - - no noxious weeds were reported during 2011. <br />As explained above in Items 2.0 and 3.0, the Loadout pond was backfilled during November <br />2011. <br />11.0 REVEGETATION SUCCESS EVALUATION <br />Revegetation success sampling was completed in 1999 on the pre -1986, 1995, and 1996 <br />reseeded areas. The results of this sampling are contained in a report prepared by ESCO <br />Associates Inc. dated February 2000. This evaluation included cover, annual production, shrub <br />density and species diversity /composition. Based on the sampling results, revegetation in these <br />areas satisfies the applicable revegetation success standards except for cover or shrub density <br />in the pre -1986 reclamation area. Kerr conducted managed grazing operations on reclaimed <br />areas and subsequently completed Year 9 revegetation success monitoring in 2005 and Year <br />10 during 2006. Results of the studies show that success has been achieved on those areas <br />that qualified for the Ten Year Reclamation Liability Period. Copies of the studies, "Kerr Coal <br />Company Revegetation Monitoring Report (2005 & 2006)" are on file with the DRMS. <br />During the summer seasons of 2009 and 2010, Mr. Kent Crofts of I.M.E., of Yampa Colorado <br />conducted the vegetation sampling and studies required for Growth Year 9 and Growth Year 10 <br />respectively. Two parcels at the mine, approximately 4 acres each that are not yet released and <br />the related Reference Area for the parcels were sampled. Additionally, the Loadout Site and its <br />respective Reference Area was studied for Growth Years 9 and 10. The vegetation study <br />yielded concerns of species diversification or lack thereof. Mr. Crofts, representing KCC <br />continues to communicate with the Division to reach a solution for this concern. It was <br />unforeseen when the two 4 acre parcels were not included in the SL -4 Bond Release that doing <br />so would not allow the 2 parcels to be counted within the vegetation study data (because most <br />of the mine acreage had been released) even though the surrounding 340+ acres have <br />successfully revegetated. <br />5 <br />