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Page 4 of 5 <br />July 1, 2013 <br />condition of the site that may result in re- evaluation of an approved reference area. A change in the <br />surface owners' desired post - mining land use may result in a change of reference area or establishment <br />of numeric standards (Rule 4.15.7(3) and (4)). <br />With regards to TR39, the operator has provided additional information regarding the pre - mining <br />condition to warrant re- evaluation of the applicability of the existing Ponderosa - Pinyon - Juniper (PPJ, <br />or Plot B) reference area. <br />The applicability of the proposed reference area was evaluated against data from the approved <br />reference area. In this case the operator presented arguments against the applicability of the baseline <br />soils and slope aspect of the approved PPJ reference area, soils information and range site descriptions <br />from 1979 and 1980 reports from the Soil Conservation Service (Natural Resource Conservation <br />Service), and provided vegetation data, slope aspect information, and soils description of the proposed <br />reference area that the operator considered more closely resembles the pre - mining condition. <br />5) And why do the regulations wait until Year 10 to compare the reference area to the reveg. <br />Answer: Rule 3.02.3(2)(b) defines the minimum period of reclamation liability. "In areas where <br />annual average precipitation is twenty -six (26) inches or less, the minimum period of liability shall <br />continue for ten years." The climatological section of the permit (2.04.8) defines the normal annual <br />precipitation in the Southfield Mine area as 12.9 inches. <br />6) If it does not comply do you start over again in Year 1. <br />Answer: No, in accordance with Rule 4.15.7(5), "The liability period under the performance bond <br />requirements of 3.02.3 begins after the last year of augmented seeding, fertilization, irrigation or other <br />work. The liability period shall continue for not less than either five (5) or ten (10) years, as <br />appropriate, as described in 3.02.3. The revegetation success criteria as defined in relevant <br />subsections of 4.15, shall be met for at least two of the last four years of the liability period. Sampling <br />for final revegetation success shall not be initiated prior to year nine (9) of the liability period. The <br />liability period shall re- initiate whenever augmented seeding, planting, fertilization, irrigation, or other <br />augmentive work is required or conducted. Management activities that are not augmentive and are <br />approved as normal husbandry practices may be conducted without re- initiating the liability period <br />under the following specified conditions:" <br />Maintenance work that does not re- initiate the liability period includes: repair of rills and gullies of <br />limited extent (4.15.7(5)(a)), weed control in compliance with the "Colorado Weed Management Act" <br />(4.15.7(5)(b), annual seeding, etc. associated with production of annual crops for a crop land post - <br />mining land use (4.15.7(5)(c)), normal husbandry practices associated with pastureland post- mining <br />land use (4.15.7(5)(d) and (e), limited tree or shrub replanting with in the first 4 years of any ten year <br />liability period (4.15.7(5)(e), and limited interseeding within the first four years of any ten year <br />liability period (4.15.7(5)(g)). <br />7) Any change in a reference area should be decided in Year I or 2, not Year 10. <br />Answer: There is no statutory requirement that limits when a reference area may be established or <br />replaced. (Rule 4.15.7(3) and (4)) <br />E -mail received from Linda Saunders June 25, 2013: <br />