2012-12-06_REVISION - C1981008 (4)

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determined that reclamation associated with sed ponds and diversion ditches, does not have to undergo the normal ten year bond liability period. For this reason, the ARR maps from 2009 onward, combine this area with the larger, previously reclaimed Burbridge reclamation parcel. The Irrigated Pasture Reference Area did not exist at this time. Hence, there is no information available as to how this site was managed but it is believed that it was managed in a similar manner, being irrigated and grazed with horses and cattle in a similar manner as described previously. 3. Documentation of Successful Establishment of Vegetation: Documentation of successful establishment of vegetation. For reclaimed lands other than croplands and prime farmlands, a statistically adequate sample of vegetation cover, collected during a single year from each reclaimed area and from the approved reference area or standard is required. The data should be presented in a table listing the percent absolute cover by species, rock, bare ground and litter. Relative cover should be calculated and listed for each vegetation species Response: Vegetation monitoring for this Phase II bond release Irrigated Pasture Reclaimed Area, was performed in 2008 by BIO- Logic, Inc. And the results are contained in the attached report entitled Western Fuels Colorado, LLC New Horizon Mine - 2008 Vegetation Sampling for Phase 2 Bond Release Irrigated Pasture Site. Data found in Appendix C. Vegetation cover data and summary statistics, Irrigated Pasture Reclaimed 2008 Phase 2, of the report have been modified to confirm to the current bond release requirements as found on page 6 of the DRMS document entitled Guideline Regarding Coal Mine Bond Release Issues, issued on April 18, 1995 relative to the Phase II Bond Release Application and the current NH2 Mine Permit definitions. These modified plant cover data, which include calculations of "allowable plant cover" as required by the DRMS Guideline, are presented in the enclosed table entitled Appendix 1 -Table 1, Irrigated Pasture Reclamation Phase II Study Area - 2008 Plant Cover. The percent absolute cover by species, rock, bare ground, litter, and relative cover are also included. According to the revised calculations of "allowable plant cover" found in Appendix 1 -Table 1, Irrigated Pasture Reclamation Phase II Study Area - 2008 Plant Cover, "allowable plant cover" averaged 72.35 percent and Application of the sample adequacy equation found in Rule 4.15.11(2)(a), sample adequacy at the 90 percent confidence level was achieved with 13.6 transects and 17 transects were sampled. Vegetation monitoring for the Phase II bond release Irrigated Pasture Reference Area was performed in 2008 by BIO- Logic, Inc., and are found in the attached report entitled Western Fuels Colorado, LLC New Horizon Mine - 2007 -2008 Vegetation Sampling for Phase 3 Bond Release - First and Second Year Analysis - Irrigated Pasture. The SL -14 03DEC12.wpd 25