2012-12-06_REVISION - C1981008 (4)

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- First and Second Year Analysis: Irrigated Pasture, issued on 31 August 2009. Data pertinent to these revegetation monitoring efforts from 2010 forward are found in the attached reports prepared by IME entitled Revegetation Monitoring Report for Reclaimed Areas Sampled in 2010 on the Western Fuels - Colorado LLC - New Horizon NH2 Mine, issued on 22 August 2010. In the report entitled Revegetation Monitoring Report for Reclaimed Areas Sampled in 2011 on the Western Fuels - Colorado LLC - New Horizon NH2 Mine, issued on 29 August 2011, and in the report entitled Revegetation Monitoring Report for Phase III Bond Release Areas Sampled in 2012 on the Western Fuels - Colorado LLC - New Horizon NH2 Mine, issued on 23 August 2012. Complete copies of each of these reports are attached to this Bond Release Application. In all of these revegetation monitoring efforts, at least two consecutive years of monitoring, during the bonded liability years or 9 or 10 or older was performed. 2008 Phase III Revegetation Monitoring The results obtained from this monitoring effort performed 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 The location of the 21.50 acre Irrigated Pasture Reclamation Area, where first year's vegetation monitoring was performed for the Phase III bond release monitoring is found on Map R -1, SL -14 Bond Release Map. The plant cover data for this site are found in Appendix A. Table A3, Vegetation cover data and summary statistics, Irrigated Pasture Reclaimed 2008 Phase 3, of this report, have been modified to confirm with the current bond release requirements as found on page 10 of the DRMS Bond Release Guideline and to be consistent with the current definitions found in the NH2 Mine Permit. These revised data are presented in Appendix 1 -Table 3, Irrigated Pasture 21.5 Acre Reclamation Phase III Study Area - First Year's - 2008 Plant Cover. Data relative to the plant cover sampling showing the percent absolute cover by species, rock, bare ground, litter and relative cover are found in Appendix 1 -Table 3, Irrigated Pasture 21.5 Acre Reclamation - Phase III Study Area - First Year's - 2008 Plant Cover. Average "allowable plant cover" on this site was 76.00 percent. According to the sample adequacy equation found in Rule 4.15.11(2)(a), sample adequacy at the 90 percent confidence level, for "allowable plant cover" was achieved with 4.1 transects and 15 transects were sampled. The production sampling data from the 2008 monitoring of the Irrigated Pasture Reclaimed Area are found in Appendix A. Table Al, Vegetation production data and summary statistics, 2208 Irrigated Pasture Reclaimed Area Phase 3 of the 2008 report. These data have been modified to confirm with the current bond release requirements as found on page 10 of the DRMS Bond Release Guideline and to be consistent with the current definitions found in the NH2 Mine Permit. The forage production of desirable perennial grasses and perennial forbs are found in Appendix 1 -Table 4, Irrigated Pasture SL -14 03DEC12.wpd 41