2012-12-06_REVISION - C1981008 (4)

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Phase III Bond Release Application 1. Liability Period Documentation: Documentation that the ten -year minimum period of responsibility has been met for all reclamation parcels included in the release application, including a map showing the dates of the original and last seeding, fertilizing, rill and gully repairs or other work conducted on the area. Response: Map R -3 shows the topsoil and seeding times for all of the Phase III release areas. Interseeding took place on portions of Phase III 2006 and 2007. Mapping of this work can be found in those years annual reclamation report. 2. Revegetation Map: A map showing the revegetated areas, each year's sampling observation locations, and the reference area(s), if used. Response: A map showing the four Phase III bond release areas subject to this bond release application request is attached. Maps showing the location of each vegetation transect location sampled on both the Irrigated Pasture Reclaimed Areas and the Irrigated Pasture Reference Area are found in the individual reclamation monitoring reports describing that specific sample effort which are all attached to this bond release application request. All of these reports can be found in Appendix 1. 3. Revegetation Success Demonstration: With the exception of certain designated categories of land, documentation that the revegetation success criteria as required by Rule 4.15.8 have been achieved for the last two consecutive years. For all lands except those designated as cropland, previously mined lands or areas to be developed for industrial or residential use, or prime farmlands; vegetation cover, herbaceous production, species diversity, seasonality, and woody plant density shall be evaluated as required by the approved permit. An adequate sample of each reclaimed area must be compared to an adequate sample of the approved reference area, or to the standard established in the permit application, using the methods approved in the permit. Data should be presented in tables showing estimates of absolute and relative cover by species and woody plant density by species. Production should be listed by life form (or as otherwise specified in the permit). Absolute cover estimates of rock, litter and bare ground should also be provided. Response: Vegetation monitoring for the four Phase III bond release Irrigated Pasture Reclaimed areas, was performed, commencing in 2008 by BIO- Logic, Inc. are contained in the attached report entitled Western Fuels Colorado, LLC New Horizon Mine - 2008 Vegetation Studies for Bond Release - Phase 3 First Year Analysis: Irrigated Pasture, issued on 6 October 2008, and for 2009 in the attached report entitled Western Fuels Colorado, LLC New Horizon Mine - 2009 Vegetation Studies for Phase 3 Bond Release SL -14 03DEC12.wpd 40