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communities find it undesirable to include woody plants in reclamation plans. These letters <br />should be inserted into Volume 12, Exhibit 2.05 -E6, Revegetation Plan. <br />8. The reference area that will be used to determine revegetation success for bond release is <br />not well defined in the permit. The linear quantitative sample area shown on Drawing <br />2.04 -M8 extends from Sanborn Creek, through the main Elk Creek facilities area, <br />through the Bear Creek Canyon and ends in the Hubbard Creek Canyon. The sample <br />area is about 5 miles long, spans three different vegetation types and is not clearly <br />delineated. The features of this sample area make it unlikely that it could be accurately <br />located and produce repeatable results adequate for revegetation standards. Also, since <br />this sample area was established, the mine has expanded to include additional vegetation <br />types that are not represented in the sample area. The Division does not believe the <br />existing reference area represents the areas that have been disturbed. Please re- evaluate <br />the sample /reference area in accordance with Rule 4.15.7 and 4.15.8 and either <br />demonstrate how the reference area will be sampled and compared to the reclamation as <br />the revegetation success standard or develop a revised reference area and demonstration <br />to serve as the revegetation success standard. <br />Oxbow Response: We disagree with the Division's opinions about the present approved <br />reference area. We believe it is important to note that since 1982 the well defined reference area <br />has been judged adequate by the Division to represent the disturbed areas associated with the <br />mining disturbances. We do not believe it is appropriate, 31 years later, to dispute the well <br />established and often reviewed reference area. <br />Oxbow does agree there is a potential challenge presented by the linear disturbances associated <br />with the methane drainage roads and drill pads and how best to sample these areas for bond <br />release relative to a vegetation standard. Oxbow is conducting a review of the PAP vegetation <br />sampling methodologies for both the facilities areas and the linear methane drainage <br />disturbances. We propose to update the revegetation sampling plan for both the lower elevation <br />facilities areas and higher elevations methane drainage disturbed areas. Oxbow plans to submit <br />comprehensive changes to the sampling plan at a later date under a separate Technical Revision <br />submittal. <br />9. The Elk Creek main facilities area is located in the Elk Creek Canyon, which is <br />designated as a riparian area on Drawing 2.04 -MS. There has been a significant amount <br />of disturbance to the riparian area but the permit does not address the special needs this or <br />other riparian areas will require for reclamation. Please submit a plan to reclaim the <br />riparian areas. Some of the topics that need to be covered (but not limited to) in the <br />discussion are: baseline vegetation survey, sediment control during backfill and grading <br />and all the bullet points in Rule 2.05.4(3). <br />Oxbow Response: We could not find the Division's reference to Rule 2.05.4(3). Baseline data <br />for much of the area in question does not exist as many of the areas were disturbed pre -1977 well <br />before SMCRA required such information. When the Elk Creek mine facilities are reclaimed, the <br />Elk Creek culvert will be removed and the drainage reconstructed. The current sediment control <br />system consisting of ditches and ponds will also be removed. To protect the Elk Creek drainage <br />and prevent additional sediment to the streamflow, Oxbow will have to use alternative sediment <br />control measures such as topographic roughness, small sediment traps, straw wattles, silt fence, <br />• Page 3 <br />