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INTEROFFICE MEMORANDUM <br />TO: <br />JIM STARK <br />FROM: <br />JANET BINNS <br />SUBJECT: <br />WEST ELK, C1980 -007, SL4, VEGETATION SUCCESS REVIEW <br />DATE: <br />11/5/2012 <br />CC: <br />I have reviewed Mountain Coal Company's (MCC) application for a partial phase II bond release <br />for the West Elk Mine. The operator requests Phase II bond release on 67.6 acres. The lands under <br />consideration have been reclaimed from 1996 to 2008. The approved post- mining land use is <br />rangeland and wildlife habitat (Permit section 2.05.4). <br />The lands requested for release consist of numerous (6 1) reclaimed drill pads, roads, portal bench, <br />and powerline corridors. These reclaimed sites consist of relatively small disturbances distributed <br />over a wide area located south of the main facilities area. Elevations range from 6500 ft. (Lone Pine) <br />to 8400 ft. (23HG2E37XC). The permanent seed mix shown on Table 37 in the permit, was used for <br />all sites. All acreage under consideration for Phase II bond release had previously been approved for <br />Phase I bond release. <br />Live vegetative cover was determined by acreage weighted distribution of random cover <br />transects. The discontinuous reclaimed areas were divided into nine (9) sample groups by year of <br />reclamation. Each group was ecologically similar as well. The operator determined that a minimum <br />of 30 vegetation transects would be collected. The 30 transect were allocated proportionally among <br />the sample groups based on acreage percentage of the 67.6 acre total. Each proportional number of <br />transects were then randomly located on the specific reclamation area using random start locations <br />determined by gridding the sample areas using a 50 ft. by 50 ft. grid. Fifty sample points were <br />collected along 25 M long transects. <br />Sample adequacy was achieved for vegetative cover. MCC collected 30 cover transects. The <br />minimum samples required to meet sample adequacy was 5 transects. MCC exceeded the minimum <br />number of required samples. Live vegetative cover equaled 57.53 %. Only 0.47% was attributed to <br />noxious species; Canada thistle (0.33 %), Houndstongue (0.07 %), and Musk thistle (0.07 %). <br />Subtraction of these two species from the total cover value results in a non - noxious cover value of <br />57.06 %. The approved cover standard is 53.04% live vegetative cover. MCC is required to achieve <br />90% of the 53.04% cover value at a 90% confidence level to be considered successful for Phase II <br />vegetation success. MCC exceeded the approved standard. The Division allows for up to 10% <br />relative vegetative cover to consist of annual and biennials. Only 6 annual or biennial species were <br />sampled on the reclaimed areas, accounting for 4.06% relative vegetative cover. This contribution of <br />annual /biennial species is acceptable and no adjustment of the cover data needs to be made. <br />