2013-03-08_REVISION - C1981008 - Laserfiche WebLink

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Page 4 of 9 Given the reasons discussed above for the management histories for 2008 and 2009, the Division is unable to accept the sampling results for these years thus Areas 4 and 5 cannot be considered for Phase III bond release. For 2010 and 2011, it is still questionable if these sampling reports are valid given the lack of a clear way to compare grazing practices during these years. However; for 2011, deficiencies in the SL14 application and the associated revegetation monitoring report invalidated the sampling conducted during that year as discussed in the 2011 Phase III Revegetation Monitoring Data section of this memo. This finding makes areas 1, 2, 3 and 6 ineligible for bond release. Given this, the sampling conducted in 2012 was not reviewed because it was associated with Areas 1, 2 and 3 which are ineligible for bond release. A detailed discussion of the review of each of the years except for 2012 is discussed below. 2008 Phase III Revegetation Monitoring 1.) This section of the application indicates results obtained from monitoring efforts performed by 1310- Logic, Inc. are contained in a 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 Division could not locate this report in the attachments included with the bond release application. Thus the sampling methods and timeframes could not be reviewed. According to the application, the report in question discussed the sampling plan and the results of monitoring for a 21.5 acre parcel in the Phase III bond release request area (Area 4 on Map R -1 submitted with the bond release application). The report also discussed the monitoring that occurred on the Irrigated Pasture Reference Area for that year. However, the applicant did submit vegetation monitoring summary tables for these areas in the front of Appendix 1 of the SL14 application supposedly derived from the results of the monitoring discussed in the missing report. However, it cannot be ascertained from the management histories discussed in the application for 2008 that the reclaimed irrigated pasture lands were managed the same way the reference area was managed in terms of grazing practices. In accordance with Rule 4.15.7(3)(f) as above, the Division cannot approve a bond release for the parcel 21.5 acre parcel in question based on the 2008 monitoring data. 2009 Phase III Revegetation Monitoring 2.) Area 4 depicted on Map R -1 submitted with the SL14 application is the 21.5 acre parcel discussed above. The second year of monitoring required for Phase III bond release occurred in 2009 for this parcel. Given the reasons discussed above, this parcel cannot be considered for bond release and the second year of data collected for this parcel in 2009 was not reviewed. 3.) The 2009 monitoring data consists of first year sampling data for Area 5 (depicted on Map R -1) for Phase III bond release. It is difficult to determine if the grazing practices conducted on this reclaimed area and the reference area are equivalent. As with the year 2008, the applicant did not provide adequate documentation of the grazing practices conducted in 2009. It cannot be found based on the documentation submitted by the applicant that Area 5 was managed the same way the reference area was in 2009 and cannot be considered for bond release in accordance with Rule 4.15.7(3)(f). Given this, the revegetated monitoring data was not reviewed. 2010 Phase III Revegetation Monitoring Data 4.) The data in the 2010 Revegetation Monitoring Report contained the results for the 2nd year of monitoring for Area 5 depicted on Map R -1 submitted with the SL14 application. As discussed above, this area cannot be considered for Phase III bond release at this time. Given this, the data in regards to the 2nd year of monitoring for this parcel was not reviewed.