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RULE 2. PERMITS <br />• Use of orchard grass (Dactylis glonierata) in key reclamation locations to <br />encourage elk away from maturing shrub populations. It has been documented that this taxon <br />is heavily utilized by foraging elk. <br />• Implement procedures for micro - habitat development whereby snow catchment <br />is encouraged and shrub heavy mixes can be applied. <br />• Interseeding of shrubs (as necessary as a normal husbandry practice) within areas <br />not exhibiting satisfactory establishment of shrubs, but still presenting opportunities (micro - <br />niches) for shrubs. Such interseeding would be performed in accordance with Rule <br />4.15.7(5)(g), and documentation of any such efforts would be provided in the Annual <br />Reclamation Report for that year. <br />Application of PERA includes management and revegetation specifications (e.g., shrub species in the <br />seed mix) for use on the "grassland" targeted areas that will facilitate additional shrub establishment when <br />climatic or other conditions are favorable. In this manner, small and/or scattered patches of additional <br />shrubland may be established that will provide improved habitat diversity, especially for sage grouse. <br />However, since this type of reclamation is entirely dependent on the vagaries of nature, dependence upon <br />such techniques cannot be relied upon. <br />Where shrublands evolve on reclaimed lands, they will be segregated into "core" areas and " ecotonal" <br />areas (as is typically evident in nature), each with a separate woody plant density success criterion but <br />both counting as "shrubland ". Ecotonal areas are those areas that exhibit shrub- conducive habitat <br />conditions (e.g., thin grass cover, skeletal soils, etc.), but have not as yet developed the more elevated <br />densities of "core" areas. It has been noted repeatedly in the reclamation industry that the 10 -year bond <br />responsibility period is often insufficient for the adequate development of shrub populations unless an <br />excellent "take" is achieved at the time of seeding. In this regard, flexibility has been built into the <br />success evaluation process so that if a positive recruitment rate to the shrub population can be <br />demonstrated on Colowyo revegetation, there would be no need to achieve elevated densities within a <br />modest time -frame such as the 10 -year responsibility period. <br />Colowyo makes the commitment to establish sagebrush steppe (comprised of both core and ecotonal <br />areas) on approximately 450 acres (minimum of 225 acres core) of the post -2008 reclamation for the <br />original and South Taylor permit areas, or as otherwise agreed upon between Colowyo and CDRMS. <br />This acreage is based on the following rationale: 1) delineation of all post -2008 post- mining acreage <br />exhibiting slopes 10% or flatter; 2) elimination of all small, isolated, or impractical areas for targeting this <br />community; 3) implementing "banding" (alternating strips of grassland versus shrubland) procedures on <br />large units with long slopes that might otherwise lead to excessive "snowmelt" erosion; and 4) assuming <br />50% shrub establishment success (i.e. sufficient density) on the acreage that actually receives shrub <br />conducive metrics. Please refer to Map 44 for a visual representation of areas that are < 10% slope at <br />Colowyo Mine according to the current PMT surface. <br />Critical to the adoption of this approach is the need for Colowyo to be allowed to deviate from the plan in <br />instances where plan maps or specifications do not reflect "on- the - ground" reality, and to the contrary, <br />Rule 2 Permits 2.05 -22 Revision Date: 6/11/12 <br />Revision No.: RN -06 <br />