2012-12-06_REVISION - C1981008 (4)

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The production sampling data from the 2009 monitoring effort of the Irrigated Pasture Reference Area are found in Appendix A., Table A4, Vegetation production data for each plot, Irrigated Pasture Reference Area. 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 production of desirable perennial grasses and perennial forbs are found in Appendix 1 -Table 11, Irrigated Pasture Reference Area - 2009 Production. According to the sample adequacy equation found in Rule 4.15.11(2)(a), sample adequacy at the 90 percent confidence level, for "desirable forage production," was determined to equal 116.5 transects and 30 transects were sampled. 2010 Phase III Revegetation Monitoring The results obtained from this monitoring effort performed by IME are contained in the attached report entitled Revegetation Monitoring Report for Reclaimed Areas Sampled in 2010 on the Western Fuels - Colorado LLC - New Horizon NH2 Mine. Two Irrigated Pasture Reclaimed Areas were studied for final bond release in 2010, including the previously sampled IP -3 Irrigated Pasture Reclaimed Area containing 20.5 acres, sampled initially in 2009 along with the Irrigated Pasture Reclaimed Area IP -4 area containing 44.08 acres located immediately west and adjacent to the IP -3 tract as found on Map R -3, SL -14 Bond Release Map. The 2010 revegetation monitoring effort represented the second year of final bond release sampling on the 20.5 acre tract and the first year of final bond release sampling on the 44.8 acre tract. The second year's plant cover data for the Irrigated Pasture Reclaimed IP -3 Area are found on Appendix 1 -Table 5, Irrigated Pasture Reclaimed Area IP -3 - Plant Cover found on page 21 of the 2010 report. All of the plant cover data found in the 2010, 2011 and 2012 IME revegetation monitoring reports plant cover in accordance with the current bond release requirements of "allowable plant cover" 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, therefore, no adjustments to these data are necessary. Plant cover data collected from the Irrigated Pasture Reclaimed IP -3 Area in the 2010 revegetation monitoring effort relative to the plant cover sampling including the percent absolute cover by species, rock, bare ground, litter, and relative cover are found in Appendix 1 -Table 5, Irrigated Pasture Reclaimed Area IP -3 - Plant Cover found on page 21 of the 2010 report. "Allowable plant cover" averaged 85.07 percent. According to the sample adequacy equation found in Rule 4.15.11(2)(a), resulted in sample adequacy at the 90 percent confidence level, for "allowable plant cover" being achieved with 0.8 transects and 15 transects were sampled. The first year's plant cover data for the Irrigated Pasture Reclaimed IP -4 Area are found on Appendix 1 -Table 7, Irrigated Pasture Reclaimed Area IP -4 - Plant Cover found on page 23 of the 2010 report. Data relative to the plant cover sampling including the percent absolute cover by species, rock, bare ground, litter and relative cover are found in SL -14 03DEC12.wpd 45