2012-12-06_REVISION - C1981008 (4)

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months during the summer. Gopher "gas" bombs were set off in individual Prairie Dog burrows and immediately covered with dirt. Fertilizer, was applied to all Irrigated Pasture reclaimed areas in spring of 2007. Application rates ranged from 368 to 768 pounds per acre. Hay production listed by property owner, of the first cutting as summarized in the 2007 ARR, documents that 215.98 acres of Irrigated Pasture Reclamation were harvested for hay, with the weighted average production being 3,323 pounds of field dried forage per acre. Irrigated water was diverted into the CCC ditch on 3 May and irrigation waters reached the reclaimed areas on about 5 May 2007. The CCC Ditch water was shut off on 30 September and thus stopped reaching the site on about 2 October 2007. The 2007 ARR contains no section on description of grazing activities. However, grazing did occur in 2007, similar to that described in detail in connection with 2010 and 2011 for the Pasture Reclaimed Areas. It is assumed that similar stocking rates and grazing periods were employed in 2007. Exhibit 2007 -14 - Reseeding and Rodent Management Areas found in the 2007 ARR states that a 6.6 acre tract located to the south of BB Road and to the east of 27.00 Road was "Retopsoiled & Reseeded Area 2007 6.6 Acres To Irrigated Pasture." The description of this work in only partially accurate. The area corresponding to the 2007 disturbance is shown on the 2007 ARR Map, and corresponds to areas reseeded in 1998, 1999, 2000, 2001, 2002 and 2003. In the spring of 2007, it was observed that a few minor depressions had formed from the settling of these backfilled areas. Based upon a subsequent DRMS inspection, it was decided to add minor amounts of topsoil to these small depressional areas to ensure they possessed positive drainage. This work was accomplished in April 2007. Exhibit 2007 -14 correctly depicts the total 6.6 acres of disturbance associated with this activity, but of the reported 6.6 acres of total disturbance, WFC has recalculated that only 2.2 acres of ground were actually affected by retopsoiling and reseeding activities. The remaining 4.4 acres of land were affected to the extent that trucks drove over the revegetated area which corresponded to the access road the trucks used. This is clearly evident by the shape of the impacted area. On these 4.4 acres associated with the access road, the respread topsoil was not removed and the vegetation was not disturbed other than by driving the trucks over the surface. Thus, the level of disturbance to the vegetation on the 4.4 acres of reclaimed Irrigated Pasture consisted of only having the vegetation mashed down and these areas were not "Retopsoiled & Reseeded " as reported in the 2007 ARR. According to Rule 4.15.7(5) "management activities that are not augmentive and are approved as normal husbandry practices may be conducted without re- initiating the liability period ... " Rule 4.15.7(5)(a) identifies these exceptions as being circumstances where "no more than five percent of the acreage initially revegetated during any one year shall be reaffected by rill and gully repair or revegetation." SL -14 03DEC12.wpd 20