Environmental Quality, Dept. of

Land Quality - Coal

Chapter 0: Appendices A and B

Effective Date: 12/21/1992 to 11/16/1995

Rule Type: Superceded Rules & Regulations

Reference Number: 020.0006.0.12211992

Date Filed 12/21/92

Expr Date Repeal Date

Supr Date

Document Type RULES

APPENDIX A

VEGETATION SAMPLING METHODS AND RECLAMATION

SUCCESS STANDARDS FOR SURFACE COAL MINING OPERATIONS

Introduction

Procedures specified in this document are required for surface coal mining operators per its reference in Chapter II, Section 2.(a)(vi)(C) of the WDEQ/LQD Rules and Regulations. Permission for significant departures from this Appendix should be requested by formal proposal to the Division. Proposed alternatives will be evaluated by the state and federal authorities prior to approval and implementation. Alternative methods which are equally acceptable to those recommended in this Appendix will be given due consideration.

This document outlines acceptable procedures for generation, analysis and presentation of vegetation data and revegetation practices to assist a permit applicant with respect to the permit application requirements of W.S. 35-11-406(a)(vii), (b)(i) and (b)(iii), Sections 2.(a)(vi)(A) & (B), 2.(a)(vi)(C), and 2.(b)(iv)(C) of Chapter II of LQD Rules and Regulations and

Sections 2.(a)(i), 2.(a)(ii), 2.(d)(i) through (xiv) of Chapter IV of LQD Rules and Regulations. The description of lands not previously permitted should be in accordance with methods specified in this document or in accordance with an approved alternative. Renewal applications may utilize vegetation baseline data collected using earlier approved methods if the results are part of the currently approved mine permit.

This document outlines acceptable procedures for:

A. Designing and executing premining baseline vegetation inventories. B. Documenting the premining land uses and the capability of the existing plant communities to support those uses. C. Establishing and evaluating appropriate postmining land uses. D. Formulating a sound revegetation plan by choosing appropriate plant species and plant community types which will support the postmining land uses. E. Establishing quantitative and qualitative vegetation parameters which serve as reclamation success standards for purposes of final bond release. F. Preparing sections of Appendices D-1, D-8, and D-11 and the Reclamation Plan.

G. Evaluating the success of revegetation efforts and for eventual request of full bond release.

The type and amount of vegetation information required for mining permit applications may be modified depending upon:

a. The type of land disturbed and/or the type and acreage of disturbance. b. The size of the permit area.

TABLE OF CONTENTS

I. General Inventory Procedures

A. Mapping of Plant Communities 183 B. Sampling of Plant Communities 183 C. Establishing and Sampling Control or Reference Areas 184 D. Describing the Plant Communities 185 E. Com

pil ing a Pla nt Spe cie s Lis

t 186 F. Sam

ple Ade qua

cy 186

II. Detailed Qualitative and Quantitative Sampling Procedures

A. Cho

ice of Sam ple Loc ati

ons 186

B. Choosing Sampling Methods 187 C. Suggested Sampling Procedures for Specific Vegetation Parameters 188 D. Recording of Sample Methodology 193

III. Establishing Revegetation Success Goals

A.
Quantitative and Qualitative Vegetation Standards	193
B.
Establishing Land Units for Use in Evaluating Revegetation Success for Full Bond Release		194
IV. Estimating Adequate Sample Size
A.
General Considerations	197
B.
Procedures	197
C.
Determining d and z values	198
D.
Determining Minimum and Maximum Sample Sizes	199
V. Suggested Timetable for Components of the Vegetative Inventory	200
VI. General Format for Appendix D-8	200
VII. Developing a Revegetation Plan
A.
General Considerations	201
B.	Seed
Mixtures	202
C.
Seeding Practices	203
D.
Husbandry Practices	204
E.
Postmining Grazing Practices	204
F.
Restoration of Wildlife Habitat	204
G.
Literature	207
VIII. Testing Adequacy of Reclamation
A.
Reclamation Success Standards	208
B.	Land
Units for Evaluating Revegetation Success	208
C.
Evaluation of Species Diversity and Species Composition	210
D.
Evaluation of Restored Cropland or Pastureland	211 E.
Evaluation of Shrub Density	212
F.

Appendices

I. List of Prohibited and Noxious Weeds 215

II. List of Subshrubs 217

III. Primary Selenium Indicator Plants 217

IV. Plant Species of Special Concern 218

V. Suggested Tabular Format for Data Presentation 219 VI. References 224

VII. Glossary 227

List of Tables in Text

A. Table 1: z and d values for use in the sample adequacy formula 198

B. Table 2: Maximum and minimum sample sizes for various sampling methods 199

I. General Inventory Procedures

These procedures constitute an acceptable premining vegetation inventory. Other methods and types of inventories may be acceptable if they meet or exceed the objectives of this appendix. Failure to receive prior approval for alternative procedures may cause significant delays during permit review, and rejection of the sampling methods and procedures if these do not result in an equivalent data base. WDEQ/LQD strongly encourages cooperative interactions among the regulatory authority, prospective applicants and consultants to prospective applicants during the design and execution of baseline inventories and preparation of permit applications.

A. Mapping of Plant Communities

The plant communities or vegetation types of the entire permit area shall be delineated on an aerial mosaic photograph or topographic base map. The mapping should be extended to adjacent areas (0.8 km) on all sides of the permit area boundary or study area boundary. This suggested extension beyond the permit area applies only to mapping of community types. This suggestion does not refer to sampling of areas outside the permit area.

The LQD does not recommend the use of SCS range sites for the mapping of premining plant communities. The range site concept does not facilitate practical units for reclamation purposes.

The map scale should be between 1:4,800 and 1:10,000 (approximately 1 inch equal to 400-700 feet).

The vegetation map should clearly and accurately show all appropriate legend information outlined under the heading 'Maps' in WDEQ/LQD Guidelines No. 6 or 6A. In addition, the vegetation map should identify all sample locations, accurately locate all Control Areas (CONA) (See Glossary), identify and describe the type and extent of all existing disturbances and identify all areas to be affected by mining and associated activities, including access roads, railroad spurs, etc.

B. Sampling of Plant Communities

Each defined plant community of the permit area and all CONAs should be sampled for the following parameters:

1. 1. % vegetation cover by species

2. 2. % total cover (= sum of all species)

3. 3. % total ground cover (= vegetation + litter + rock)

4. 4. % bare ground

5. 5. herbaceous production by species

6. 6. total herbaceous production

7. 7. density and distribution of full shrubs (and subshrubs when appropriate)

8. 8. density of trees

9. 9. species diversity and species composition

The LQD prefers that these vegetation parameters be estimated by vegetation type, considering the entire permit area as a single unit, i.e. without a distinction between affected and non-affected areas. The LQD feels that sampling the entire permit area will:

1. facilitate the derivation of more accurate quantitative and qualitative revegetation success standards:

2. provide the operator greater flexibility in planning the location and progression of pits and the location of mining facilities.

However, the applicant should also consider their chosen method of evaluating revegetation success (Sections III.B. and VIII.B.) when deciding whether to distinguish between affected and non-affected areas for sampling purposes.

Both absolute and relative values for % species cover, % vegetation cover, % total ground cover, herbaceous production by species and total herbaceous production should be provided. The absolute values of % vegetation cover, % total cover and total herbaceous production constitute the quantitative revegetation success goals, as per Chapter IV, Section 2.(d)(x), for evaluation of full bond release. The relative values of cover and production are used to evaluate the representative nature of the CONAs and may be used in evaluating postmining species diversity and species composition as per Chapter IV, Section 2.(d)(x).

Please see the Glossary for definitional distinctions between absolute and relative values.

C. Establishing and Sampling-Control Areas or Reference Areas

The applicant should establish a Control Area (CONA) or Reference Area (REFA) for each vegetation type, in excess of 10 acres, which will be disturbed (or a greater area approved by the Division) unless the Division has agreed that reestablishment of the vegetation type will not be required. For the sake of brevity, this guideline will generally use only the term CONA. However, all applicants should clearly understand that either the CONA or REFA concept is an acceptable procedure for the evaluation of revegetation success under provisions of Chapter IV, Section 2.(d)(x). Sections III.B. and VIII.B. describe the conceptual distinctions between the use of CONAs or REFAs. Applicants may develop, propose and request approval for alternatives to CONAs or REFAs for the evaluation of revegetation success.

Each CONA should be marked on the vegetation map, should be permanently marked in the field, and should be managed in a fashion equivalent to all other non-affected lands within the permit area. By definition the land units chosen as CONAs should remain unaffected by mining and associated activities over the life of the mine, and they cannot be moved without resampling the entire type they represent.

The applicant should present vegetation data on each community type and each CONA in a fashion which facilitates evaluation of the representative nature of each CONA. A tabular summary might best achieve this comparison (see Appendix V, Table 3).

D. Describing the Plant Communities

Each plant community and the representative CONA should be verbally described. The description should include the general vegetation composition, the dominant plant species, characteristic topography, soil types, average slope, aspect and interspersion with or relationship to other community types. The quantitative and qualitative vegetation information may be best presented in a tabular format (Appendix V, Table 2).

If noxious (designated) or declared weeds (see Appendix I) comprise more than 25% of the vegetation cover on three (3) or more contiguous acres, these areas should be mapped as distinct vegetation types and identified on the vegetation map. These weedy species should be noted in the species list; their presence in any of the mapped community types should also be noted. Quantitative sampling should not be performed on noxious weed mapping units.

The presence of selenium indicators (Appendix III) should also be noted and their distribution discussed.

The applicant should present the following information in a tabular format (see Appendix V, Table 1):

1. Total acreage of each vegetation type on the permit area.

2. Total acreage of each vegetation type sampled on the study area, if the study area is larger than the permit area.

3. Total acreage of each vegetation type affected by mining and associated activities.

4. % of each vegetation type affected by mining and associated activities.

5. Total acreage of each CONA.

6. Total acreage of all other mapping units, e.g. reservoirs, cropland, pastureland, hayland, existing disturbed areas.

A 3 1/2" x 5" (or larger) photograph or a 2-3 frame panoramic sequence showing the general features of each community type and its representative CONA should be provided in the vegetation report. Photocopies of photographs are not acceptable. The location of all photographs should be noted on the vegetation map.

E. Compiling a Plant Species List

The applicant should compile a list of the vascular plants of the permit area, including plant species observed but not actually recorded during sampling. The species list should be field checked and updated at least once a month from April through September during the field season when baseline sampling is performed. Regional and seasonal phenological processes should determine the actual compilation time period.

The plant species should be listed by scientific binomial and common name under life-form categories. Suggested categories include annual grasses, perennial grasses, grass-like species, forbs, succulents, full shrubs, subshrubs and trees.

The applicant should list the literature and/or personnel contacted for identification of plant species and note the location of any herbarium samples collected during the baseline inventory. A specimen of the following may be requested to confirm its occurrence:

1. any plant of special concern (Appendix IV).

2. any species which is similar to a plant of special concern;

3. any species not previously recorded in Wyoming.

4. any species out of its known range.

The applicant should specifically note any plants of special concern (Appendix IV) which occur on or adjacent to the permit area.

F. Sample Adequacy

The applicant should attain formula-based sample adequacy or achieve the maximum sample size for each of the following vegetation parameters in each vegetation type and each CONA:

1. % vegetation cover (absolute value only).

2. % total ground cover (absolute value only).

3. Total herbaceous production (absolute value only).

Section IV of this appendix outlines procedures for calculating sample adequacy and lists maximum and minimum sample sizes.

II. Detailed Qualitative and Quantitative Sampling Procedures

A. Choice of Sample Locations

All sample locations must be chosen by random or systematic procedures. Random procedures are discussed in most standard statistical texts. The selection of sample locations must be done objectively in the lab or office, not in the field.

Grid line intervals (when used) should be no more than 65 meters on the ground. After the sample locations are selected, pacing from easily identifiable land marks is sufficiently accurate to locate them in the field.

Systematic sampling is described in Cochran (1977), Chapter 8. Systematic samples are acceptable only if each vegetation type is entirely covered. Calculations for systematic samples may be done by assuming the sample is random.

Sample locations must not be discarded because they are located on areas which are barren or otherwise seem atypical.

However, sample locations which fall within recognizable and distinct inclusions within a given vegetation type, on obvious ecotones between types or on areas obviously disturbed by human activities or for land management practices, may be excluded during actual sampling. The applicant should carefully note and report in the permit application, Appendix D-8, all such occurrences.

The same procedures should be used for choosing sample locations in CONAs as in the permit area as a whole. These procedures should be clearly described in the permit application, Appendix D-8.

B. Choosing Sampling Methods

The quantitative vegetation data requested in this appendix can be gathered using the basic methods of quadrants and/or transects. The choice of methods lies with the applicant. The choice should be based upon:

1. The specific parameter being measured.

2. The degree of statistical accuracy desired.

3. Operator knowledge of the permit area and its plant communities.

4. Operator experience in using a given technique.

The methods discussed in this appendix have been widely used in plant communities of Wyoming. In general, they have provided sufficiently detailed and accurate information to meet the permit application requirements of W.S. 35-11-406 and Chapters II and IV of LQD Rules and Regulations. In particular, the methods discussed in this appendix have consistently provided the type, quantity and quality of data necessary to:

1. document the highest previous use of the land within a permit area.

2. document that the regional plant communities can or cannot support the prevailing land uses.

3. develop sound reclamation and revegetation methods.

4. establish sound quantitative and qualitative revegetation success goals.

Investigators have devised numerous study designs, sampling regimes and sampling methods for, vegetation analysis. Some of these procedures variously known as two-stage sampling, double sampling, cluster sampling, stratified sampling, etc., have been used for baseline vegetation inventories in Wyoming. However, in general these methods have not proven satisfactory for attaining adequate baseline information. Operationally, the large variance terms associated with these sampling methods have caused serious difficulties in attaining the sample adequacy tests of this appendix. The LQD does not recommend use of these procedures.

The references listed in Appendix VI may provide useful information regarding sampling methods.

1. Use of Quadrats

All of the required vegetation parameters can be estimated using quadrants. However, a single quadrant size and shape may not be appropriate for all parameters. Furthermore, there is no absolute, universal method for determining quadrant size or shape. Quadrant size and shape should be selected to reduce variance and thereby

reduce the number of samples needed. The quadrant should

be sufficiently large so that:

a. Separation, counting and measurement of the individual plants can be performed with relative ease. b. Sampling efficiency is as high as possible. c. The largest plant within the quadrant does not fill the quadrant. d. All quadrants enclose some vegetation.

2. Use of Line Transects

All transects should be at least 50 meters in length. If

a transect runs out of a given vegetation community, select a new random orientation, at the point where the transect leaves the vegetation type, which will return the transect to the same vegetation type.

If quadrants are spaced along a transect, no fewer than five (5) quadrants should be placed along each transect. If point-intercept methods are employed along a 50-meter transect, no fewer than fifty (50) sample points should be evenly spaced along each transect.

Independent of the method, each transect comprises a

sample size (N) of one (1).

C. Suggested Sampling Procedures for Specific Vegetation Parameters

1. Cover Parameters

Chapter I of LQD Rules and Regulations defines "cover," as vegetation, litter and rock over the soil which intercept rainfall. This definition describes % total ground cover. Operationally, vegetation cover is the vertical projection of the general outline of plants (ignoring minor gaps between branches and holes in the canopy) to the ground surface expressed as a percent of a surface reference unit.

The applicant should collect data for the following

categories:

1. % vegetation cover by species

2. % total vegetation cover (=sum of all species)

3. % total ground cover (=vegetation + litter + rock)

4. % bare ground

The original absolute cover values for individual species should be manipulated to provide relative cover values.

For sampling purposes rock may be considered any stone or

mineral matter at least one (1) square centimeter in size. Litter is any plant part, lying on the ground surface, whose structural integrity remains recognizable.

a. Quadrat Methods

Species cover, vegetation cover and total ground cover can be determined from appropriately sized quadrants by ocular estimation. The considerations for determining quadrat size and shape discussed earlier clearly apply to cover sampling.

b. Line Transect Methods

Species cover, vegetation cover and total cover can be determined from procedures based on line transects. The point intercept method has been frequently and successfully applied in Wyoming plant communities. Point samples may be determined using the following tools: sharpened rod or pin or an ocular siting device projected vertically downward to the sample location on the transect.

When estimating % cover by species, only the first hit on each species should be recorded and used in the calculations. If one projection intercepts the same species more than once, record only the "first hit" on that species. If one projection intercepts more than one species, separate hits should be recorded for each hit on each species.

When estimating % total vegetation cover, the first "hit" per projection should be used.

In general, the line transect should be at least fifty (50) meters long; Point samples should be collected at one (1) meter intervals. Each transect constitutes a sample size (N) of one (1).

2. Total Herbaceous Production

In this appendix, the term production will describe an estimate of the total herbaceous standing crop biomass which is measured at or near the expected peak of the standing crop. Herbaceous production by species and total herbaceous production should be estimated for each community type and its representative CONA.

a. Grazing Exclosures

All production estimates should be taken from within grazing exclosures. Random sample points (exclosure locations) should be established before the growing season. The exclosures should be placed in the field on or before April 15th or as soon after snowmelt as field conditions permit. Cages should be placed at this time to avoid possible data complications from snow accumulation through the winter.

The number of cages needed can be estimated from preliminary sampling, from results of previous vegetation sampling on-site or from other vegetation surveys in similar vegetation types in the area. All permit applications and approved permits for mining in Wyoming are public documents and open to review. Analysis of existing data from applicable documents should be an integral part of all study designs for a baseline vegetation inventory. Applicants should establish several extra exclosures in each vegetation type and CONA to accommodate possible loss of some exclosures due to destruction by cattle, inaccessible locations, placement in an inclusion, etc.

The cage size and quadrant size must be chosen with each other in mind. The exclosure must be sufficiently large to accommodate the sample quadrant and to provide a buffer area which reduces the potential for serious edge effects.

All exclosures should be removed when the inventory is complete.

b. Field Methods

The standing crop biomass of all herbaceous species should be harvested in each quadrant. Full shrubs, succulents, annual grasses, annual forbs, Yucca spp., noxious weeds, cushion plants and trees should not be harvested. The seasonal growth of subshrubs should be harvested (see Appendix II) when accurate density data are unattainable. If annual grasses and/or annual forbs are major community components, these life forms should be clipped.

The vegetation should be clipped by species in each vegetation type and each CONA. The minor or remaining species can be harvested by life form category (Section I.E.).

All biomass should be carefully dried in an oven to a constant weight and recorded to the nearest 0.1 gram. Data should be reported in grams per square meter.

c. Data on Cropland, Hayland or Pastureland

Land units which have experienced special management such as cropland or pastureland (see definitions under "cropland and pastureland", respectively) should be delineated and identified on the vegetation map. Best available information on the current and historical management of these lands and their production must be provided. The applicant should consult appropriate land owners or managers for these data. All sources for this information should

be identified in the text. Harvest data should be presented in units of grams per square meter, if possible. Cropland need not be sampled for any of the vegetation parameters outlined in Section I.B. However, some vegetation sampling of pasturelands and haylands may be appropriate. It is strongly recommended that the applicant contact LQD during the initial planning stages of the proposed vegetation inventories to discuss appropriate sampling procedures relative to these land units.

In general, CONAs or REFAs need not be established for these land use units. The premining production data, similar undisturbed management units or average area agricultural statistics information may serve as reclamation success standards per Chapter IV, Section 2.(d)(x)(I). However, given site specific conditions it may be appropriate to establish CONAs or REFAs for haylands and pasturelands. The need to establish CONAs or REFAs should be discussed with the LQD during the initial planning stages of the vegetation inventory.

3. Shrub Habitat Characteristics

The postmining shrub density standard is a minimum of one (1) full shrub or acceptable subshrub1 per square meter within a mosaic of shrub patches unless a lesser density is justified from premining shrub density. These shrub patches should cover a minimum of 20% of the postmining (affected area) landscape

1 Refer to Section VII.F. of this document for an explanation of which subshrubs will be counted towards the shrub density standard. All references to shrubs in discussions of the postmining stocking rate also include the acceptable subshrubs.

(Chapter IV Section 2.(d)(x)(E)). Thus, the baseline vegetation inventory should include premining shrub distribution data, to include an estimation of the distribution and areal extent of shrub clumps or patches. Shrub density and cover data should be components of the shrub distribution information.

When shrub density data are estimated, they should be gathered from each community, but not from CONAs. In general, the generic category of "shrubs" should be divided into woody species (full shrubs) and suffrutescent species (subshrubs) for sampling purposes (see Appendix II).

The sample points for estimation of full shrub and subshrub density, should be randomly or systematically chosen. Quadrats, belt transects and plotless distance methods have been used to estimate shrub density in Wyoming plant communities. The belt transect appears to be the most efficient and accurate method for estimation of this parameter. The 50 meter transect used for cover parameters is easily converted to a 50 square meter belt transect by counting all full shrubs and subshrubs to a distance of 50cm on both sides of the line transect.

Data should be recorded by species and then manipulated to formulate full shrub and subshrub density values for each community type. The data should be reported as number per square meter and number per acre. The growth characteristics of certain subshrub species under various environmental conditions may prohibit accurate density counts. Under these circumstances, consultation with LQD may provide for the collection of seasonal growth biomass as a substitute method of characterizing these plant species.

Shrub density data are not subject to sample adequacy tests. However, in general, the number of shrub density sample points should correspond to the number of cover samples in each community type.

The line intercept method may provide an efficient, cost effective methodology to estimate shrub cover for the purposes of characterizing wildlife habitat.

4. Tree Distribution

Chapter IV, Section 2.(d)(x)(E) requires that trees be returned to a density equal to the pre-mining conditions on all surface mining operations.

Plotless distance, methods and direct counts have been used to estimate tree densities in Wyoming plant communities. Because of the patterns of distribution and general paucity of tree species on lands affected by mining in Wyoming, direct count methods may be the most accurate and efficient. Depending upon community characteristics, plant distribution, plant size and availability of source materials, direct counts may be made by field reconnaissance or from aerial photographs. If plotless methods are used, 15-20 randomly chosen sample points should be sampled. Some estimate of height and/or age distribution should also be provided.

Tree density data are not required for CONAs. Tree density data are not subject to sample adequacy tests.

The general locations or concentrations of trees should be illustrated on the vegetation map.

5. Species Composition and Species Diversity

Chapter I of LQD Rules and Regulations defines species composition as the "...number, kinds, amount and quality of species" and species diversity as the "...number of species per unit area". Chapter IV.2.(d)(x) establishes suitable postmining species diversity and composition as revegetation success goals for all operators.

The concept of species diversity is complex. Some researchers suggest that species diversity can be measured by indices of diversity. Though numerous indices of diversity have been developed, no standard index exists and no single index is necessarily better than another.

The applicant should collect premining data which can be manipulated to document the species composition and species diversity of premining plant communities.

D. Recording of Sample Methodology

All sampling procedures must be presented clearly in the text of Appendix D-8. The applicant should use the same procedures for sampling vegetation types and CONAS.

III. Establishing Revegetation Success Goals

A. Quantitative and Qualitative Vegetation Standards

Chapter IV Section 2.(a)(i) requires that reclamation restore the land to a condition equal to or greater than the "highest previous use". Chapter IV, Section 2.(d)(x) outlines specific vegetation parameters which constitute revegetation success goals when reclaimed lands are considered for full bond release.

These qualitative and quantitative vegetation parameters which constitute revegetation success goals include:

1. % vegetation cover (absolute value).

2. % total ground cover (absolute value).

3. Total production for herbaceous species (absolute value).

4. Density of full shrub and subshrub species (postmining shrub habitat).

5. Areal extent of dense shrub mosaics.

6. Density of trees.

7. Species diversity and species composition.

8. Ability to withstand grazing pressure.

9. Attainment of these parameters for the last (2) consecutive years of the bonding period.

The premining values of these parameters, estimated from the vegetation types actually affected by mining and/or from other undisturbed portions of the same type which are representative of the affected vegetation types, are used to generate the postmining revegetation success goals.

The baseline vegetation inventory should generate a single quantitative or qualitative value for parameters 1, 2, 3, 5 and 6 from each vegetation type and its representative CONA. Each quantitative and qualitative goal should be clearly presented in the permit application, Appendix D-8, and at least referenced in the Reclamation Plan.

B. Establishing Land Units for Use in Evaluating Revegetation Success for Full Bond Release

As noted above, Chapter IV specifies the vegetation parameters which constitute revegetation success goals for full bond release and requires the LQD Administrator to specify methods for evaluating attainment of these goals. At this time, all approved success evaluation methods must be based upon analysis of an undisturbed land unit, i.e. a control area or reference area. As discussed more fully in Section VIII, several methods of evaluating revegetation success exist. Each of the methods conceptually share several common features:

1. During the baseline inventory, the applicant delineates portions of vegetation types which will remain undisturbed and which are biotically and abiotically representative of vegetation types affected by mining activities.

2. During the baseline inventory, standard sampling methods are used to estimate the premining values of the vegetation parameters (outlined above in Section III.A.) on each affected vegetation type and an undisturbed portion of the same vegetation type. These premining data are used to document the representative nature of the undisturbed unit.

3. At least two (2) years prior to the desire for full bond release, the revegetation success parameters are again estimated on the revegetated areas and the undisturbed units.

The applicant should choose which conceptual framework is appropriate for the evaluation of revegetation success under the conditions expected to exist on the mine site. Alternate success standards for evaluating reclamation success may be submitted for approval by the Administrator. The applicant must establish at least one land unit, within an undisturbed portion of a vegetation type, which is representative of each vegetation type that will experience ten (10) acres or more of disturbance (or a greater area if approved by the Division).

The following types of undisturbed land units may be established for use in evaluating revegetation success. The land units themselves and the conceptual framework within which they are used are not interchangeable. The applicant should consistently establish one type of land unit from the following:

Control Area means a land unit which is representative, in terms of physiography, soils, vegetation and land use history, of a plant community affected by mining activities. The representative nature of the Control Area is verified by subjective (nonstatistical) comparison of its qualitative and quantitative characteristics to similar information from the plant community it typifies.

Quantitative premining and postmining vegetation data from the Control Area are used to mathematically adjust premining affected area data for climatic change. These adjusted data are directly compared by statistical procedures (confidence level of 80%. @ = 0.2) to data from a reclaimed vegetation type when evaluating revegetation success for full bond release. Qualitative data are compared by standard procedures agreed to by the applicant or permittee and LQD.

Reference Area means a land unit which is representative, in terms of physiography, soils, vegetation and land use history, of a plant community affected by mining activities. The representative nature of the Reference Area is verified by statistical comparison (confidence level of 90%, $a = 0.1$) of its absolute values of % vegetation cover, % total ground cover and total herbaceous production to similar data from the plant community it typifies. Species composition and species diversity are subjectively (nonstatistically) evaluated.

Quantitative postmining vegetation data from the Reference Area are directly compared, by standard statistical procedures (confidence level of 80%, $a = 0.2$), to data from a reclaimed vegetation type when evaluating revegetation success for full bond release. Qualitative data are compared by standard procedures agreed to by the applicant or permittee and LQD.

Note: The following is a special kind of reference area that can be utilized by the operator.

Extended Reference Area means all the undisturbed portions of a vegetation type which has experienced disturbance by mining activities. The representative nature of the Extended Reference Area is verified by evaluation of vegetation mapping procedures, the adequacy of premining vegetation data, soils data, physiography and land use history information.

Postmining quantitative vegetation data from the Extended Reference Area are directly compared by standard statistical procedures (confidence level of 80%, $a = 0.2$), to data from a reclaimed vegetation type when evaluating revegetation success for full bond release. No mathematical adjustment for climatic change is made. Qualitative data are compared by standard procedures agreed to by the applicant or permittee and LQD.

A Control Area (CONA) or Reference Area (REFA) should be at least two (2) acres in size. Larger land units are preferred, whenever possible, for the following reasons: 1) to reduce the variability (in terms of the abiotic and biotic characteristics) between the CONAs or REFAs and the communities they typify; and 2) to reduce the potential adverse impacts to the CONAs or REFAs due to intensive sampling at the time of bond release, which becomes more critical when successive units of reclaimed lands are being evaluated for revegetation success.

All CONAs or REFAs should remain undisturbed by mining activities and should be managed in a fashion which will not cause significant, management-related changes in the vegetation parameters used to evaluate revegetation success. Permittees should contact LQD if they perceive the need to relocate a previously established CONA or REFA.

Section VIII.B. further outlines operational differences among the CONA and REFA concepts when evaluating the success of revegetation.

For existing mining operations where vegetation data were not collected prior to disturbance, another type of land unit may be established for purposes of evaluating revegetation success.

Comparison Area means a land unit which is representative, in terms of physiography, soils, vegetation and land use history, of a premining plant community from which no vegetation data were collected prior to disturbance. The representative nature of the Comparison Area may be validated by a subjective field reconnaissance of the site or by subjective evaluation of vegetation data generated by a sampling program. The establishment procedures should be agreed to by the permittee or applicant and the LQD prior to establishment.

Postmining quantitative data from the comparison area are directly compared, by standard statistical procedure (confidence level of 80%, @ = 0.2), to data from a reclaimed vegetation type when evaluating revegetation success for full bond release. No mathematical adjustment for climatic change is made. Qualitative data are compared by standard procedure agreed to by the permittee or applicant and LQD.

A Comparison Area should be at least two (2) acres in size and should be managed in a fashion which will not cause significant changes in the vegetation parameters used to evaluate revegetation success. The permittee or applicant should establish and request approval of the Comparison Area at least two (2) years prior to an anticipated request for full bond release.

IV. Estimating Adequate Sample Size

A. General Considerations

The applicant must achieve sample adequacy or execute the maximum sample size for each CONA and for each vegetation type.

The applicant must achieve sample adequacy for each of the following parameters independently in each CONA and each vegetation type.

1. % vegetation cover (absolute cover).

2. % total ground cover (absolute cover).

3. Total herbaceous production.

B. Procedures

The applicant should sample at least the minimum number of sample locations as outlined by Table 2. below. The following formula should then be used in an incremental and iterative fashion to estimate sample adequacy:

where:

nmin = the number of sample points needed in a given vegetation type

sample standard deviation = S

z = the z statistic

d = acceptable amount of inherent variability to be identified between the sample mean and the true population mean; See Table 1 below for d and z values.

= sample mean for cover or production

If sample adequacy is not met in an incremental fashion, the sample adequacy test should be applied until the maximum number of samples, as outlined by Table 2, is reached. Alternatively, the applicant may simply establish and sample the maximum number of samples presented in Table 2.

The applicant should always present analyses of sample adequacy using the nmin formula. These analyses are best presented in a tabular format (see Appendix V, Table 4). In order that LQD personnel may check these data, all parameters of the formula must be clearly presented.

If the calculated nmin exceeds the maximum sample size of Table 2, the applicant should indicate the confidence level (d value) achieved by solving for z (assuming n actual = nmin). The applicant should also present a brief explanation of why the sample was unusually variable and thus formula adequacy was not achieved.

C. Determining d and z values

The community composition determines the d and z values for assessment of sample adequacy for total herbaceous production. Two arbitrary community types are defined as follows:

1. A grassland community is a vegetation type where the contribution of the cover of full shrubs and subshrubs comprises less than 20% of the total cover of all species.

2. A shrubland community is a vegetation type where the contribution of the cover of full shrubs and subshrubs comprises more than 20% of the total cover of all species.

These definitions are based upon analyses of existing premining vegetation data. Their derivation is available from LQD upon request.

After making this operational distinction based upon sampling data, choose the appropriate parameters from Table 1 below. The parameters used for evaluation of % vegetation cover and % total ground cover do not vary with community type. Consult Table 1 for appropriate parameters.

Table 1. z and d values for use in the sample adequacy formula

			Vegetation	parameter
z	d
% vegetation cover, grassland & shrubland			1.28	0.1
% total ground cover, grassland & shrubland			1.28	0.1
total herbaceous production, grassland		1.28	0.1
total herbaceous production, shrubland		0.84	0.2

D. Determining Minimum and Maximum Sample Sizes

Table 2. Minimum and maximum sample sizes for various sampling methods

Sampling Method		sample size
minimum	maximum
1.	In Control or Reference Areas
	quadrats	10	30
	transects with quadrats	5	30 intercept transects 15 30
	belt transect	15	30
2.	In Vegetation Types
	quadrats	15	50
	transects with quadrats	7	30 intercept transects 20 50
	belt transect	20	50

The maximum and minimum sample sizes for CONAs also apply to vegetation types which cover fewer than 30 ha (80 acres) or vegetation types which will experience fewer than 4 ha (10 acres) of disturbance. The applicant should consult LQD for direction in such situations.

The maximum and minimum sample sizes were constructed with the following qualifications:

1. cover, production and density are being estimated using appropriately sized quadrats.

2. line transects are 50m long with 50 evenly-spaced estimation points.

3. all sample points are randomly or systematically chosen.

4. vegetation types are accurately and professionally delineated, mapped and sampled.

5. a permit area no larger than 10,000 acres. If a permit area exceeds 10,000 acres it may require a larger sample size. The applicant should consult LQD for direction in such situations.

Compromise of any of these criteria may result in serious difficulties with sample adequacy requirements and may compromise acceptability of the baseline vegetation inventory.

V. Suggested Timetable for Components of the Vegetation Inventory

Design vegetation study Any time - discuss with DEQ/LQD well in advance of field sampling season.

Map vegetation types of entire any time - field check during growing permit area season, prior to baseline sampling.

Describe each vegetation type Any time - confirm dominant species during and after field sampling.

Construct species list Field check at least once a month from April through September (actual period is determined by regional and seasonal phenology).

Place grazing exclosures in Before April 15 or following snowmelt. field

Sample for vegetation parameters July through September - actual sampling including tree and full shrub period is determined by regional and density. CONAs or REFAs and seasonal phenology. vegetation types should be sampled at the same time to permit valid comparisons of data.

VI. General Format for Appendix D-8 of the Permit Application

The following is a suggested outline for organization of Appendix D-8.

A. Table of Contents - A summary of the major entries, including lists of figures, tables, and maps. B. Introduction - A description of the location and general features of the permit area and the personnel (or firm) conducting the baseline inventory. C. Methods - A description of all procedures used in the baseline inventory, which includes:

1. delineation and mapping of vegetation types and other land units.

2. general sampling design for the permit area.

a. selection of sample points b. plot size and shape, transect characteristics, etc.

c. specific calendar dates of all sampling

3. general sampling design for the Control or Reference Areas.

4. establishment, marking and management of CONAs or REFAs.

5. evaluation of sample adequacy.

6. compilation of species list.

D. Results and Discussion - A presentation and interpretation of the vegetation data, to include:

1. description of the Vegetation Map and each vegetation type or other land unit.

2. description of each CONA or REFA and discussion of its representative nature.

3. tabular summary of the areal extent of each mapping unit and acreage affected by mining (see Table 1, Appendix V).

4. summarized vegetation parameters for the permit area (see Tables 2 and 5, Appendix V).

5. summarized vegetation parameters for the CONAs (see Tables 3 and 5, Appendix V).

6. comparison of vegetation data between each vegetation type and its representative CONA (see Table 3, Appendix V).

7. evaluation of sample adequacy for each vegetation type and its representative CONA (see Table 4, Appendix V).

8. species list, selenium indicators, species of special concern and noxious (designated) or declared weeds (see Appendices I, III and IV).

E. Literature Cited

F. Raw Data

VII. Developing a Revegetation Plan

A. General Considerations

A postmining revegetation plan should incorporate information from the premining baseline vegetation inventory, to include:

1. Input and concurrence from the "resident or agricultural landowner" regarding the applicant's proposed reclamation plan (as per W.S. 35-11406(b)(xi)).

2. The premining land uses and the plant species which supported those land uses.

3. The type, number, size and distribution of premining plant communities, croplands or pasturelands.

4. The major plant species from each premining plant community, cropland or pastureland.

5. The growth form (bunch or sod-forming) and seasonal variety (cool or warm season) of the dominant grass species.

6. Type and distribution of full shrubs, subshrubs and trees. General proposed locations of shrub mosaics including the areas which are expected to be most conducive to shrub establishment should be shown on a map of the postmining landscape.

The applicant should consider returning the major vegetation types, major plant species and growth forms in numbers and configurations which will support the postmining land uses (see definitions).

B. Seed Mixtures

After choosing the postmining land uses and considering the dominant postmining topographic features and landowner desires, the applicant should develop different seed mixes which will accommodate the postmining land uses and differences in soils, moisture conditions, exposures etc. on the postmining landscape. Also, considering seed availability, growth form, seasonal variety and prevailing dominant species, each proposed seed mixture should:

1. contain no fewer than four (4) herbaceous species, unless a proposed land use (e.g. managed hayland or pastureland) requires fewer species;

2. contain the native dominant herbaceous species which support the postmining land uses;

3. if needed, contain additional species native to the region which support the postmining land uses;

4. contain naturalized, introduced species only if additional herbaceous species are needed, or if suitable, native species are unavailable or if naturalized species are superior for a specialized land use (e.g. managed hayland or pastureland);

5. contain full shrub and/or subshrub species when these species will support the postmining land uses.

To increase postmining species diversity and establish shrub mosaics, shrub mixtures should be developed and seeded separately from the herbaceous mixtures (see Coenenberg, 1982);

6. contain native forb species if natural reinvasion of forbs will be limited by site-specific conditions.

For coal operators, seed mixtures for all postmining communities which will be jointly used by livestock and wildlife should include full shrub and/or subshrub species.

The proposed postmining location of each seed mixture should be illustrated on a postmining contour map.

Seed mixtures for temporary stabilization of sites, stockpiles or other special uses should also be developed considering site-specific characteristics. The LQD strongly discourages the use of aggressive introduced plant species, particularly crested wheaterass, on topsoil stockpiles. The concern lies in the possible carry over of such species to postmine lands during the replacement of stockpiled topsoil, which could ultimately result in problems (on the applicant's part) in meeting species diversity requirements at the time of bond release due to the predominance of the above mentioned introduced species. The LQD feels that other vigorous, rhizomatous species are readily available for such uses.

C. Seeding Practices

In general, all seed mixtures should total at least 14 lbs. PLS (Pure Live Seed) per acre when drill seeded. Seeding depth should be 1/4 to 1/2 inch when drilled. However, small seeded species (e.g. big sagebrush, blue grama, etc.) establish best when the seed is broadcast and lightly covered. Drill seeding should occur on the contour or across the prevailing wind direction. If seed mixtures are broadcast, the rate of application should be doubled and the seed should be lightly covered.

The LQD strongly recommends that the applicant consider staggered seeding methods to facilitate the establishment of warm season grasses and shrubs and/or to revegetate areas with poor quality substrates, (e.g. see Coenenberg, 1982; DePuit, 1982). Similarly, direct backhaul of live topsoil has proven very beneficial to establishment of diverse postmining plant communities (DePuit, 1984).

In general, the most appropriate seeding times are after October 15th or before April 15th. The soil should not be frozen or snowcovered. An extension to May 15th entails minimal risk of failure in most years. The actual choice of seeding time should be based on regional climatic conditions, site-specific environmental conditions, operator preference and operator experience.

Chapter II, Section 2.(b)(iv)(C) and Chapter IV, Section 2.(d)(iv) require the use of mulch on all reclaimed lands, unless specific permission is granted for not using mulch. The LQD considers a seeded cover crop/stubble mulches as an acceptable alternative to crimped (hay or straw) mulch. In fact, research (Schuman, et. al. 1980) has shown that cover crop/stubble mulch have several advantages over the use of crimped hay or straw mulch including:

1. decreased operation and application costs.

2. better wind and water erosion control.

3. increased water infiltration.

4. increased weed control.

5. less temperature fluctuation at shallow soil depths.

In the event that a crimped mulch is utilized, weed free native hay is preferred over the use of domestic hay or straw mulch. This reduces the chances of introducing noxious weeds onto the reclaimed area and can promote the introduction of desirable native species.

In general, the LQD does not recommend hydromulching as a permanent revegetation practice. Hydromulching has proven useful only for temporary reclamation activities.

D. Husbandry Practices

The applicant should clearly discuss the postmining husbandry practices it expects to use on revegetated communities. The bonding period usually begins after the permittee has completed fertilizing, seeding, irrigation or other work to ensure revegetation, Chapter IV, Section 2.(d)(x); W.S. 3511-423(a).

Chapter IV, Section 2.(d)(xiii) requires that newly seeded areas must be protected from livestock grazing for a minimum of two (2) years or until the plant community is capable of renewing itself under proper management practices. The newly seeded areas may be protected by fencing or other management practices which meet the intent of this statutory provision.

E. Postmining Grazing Practices

Chapter IV, Section 2.(d)(xiii) states that the LQD, the permittee and the landowner or land managing agency will mutually determine when domestic livestock grazing will be introduced on revegetated areas. Secondly, as per Chapter IV, Section 2.(d)(x) the capability of revegetated areas to withstand livestock grazing pressure is a distinct criterion for full bond release.

The Reclamation Plan should include some discussion of both the above points. Due to the temporal lag between permit preparation and permanent reclamation activities, the LQD believes that a full, detailed postmining grazing program is not necessary at the permitting stage. However, the applicant should, at a minimum, commit to providing a grazing plan prior to the introduction of grazing on reclaimed lands.

F. Restoration of Wildlife Habitat

On coal-mined lands, the standard for shrub restoration shall be defined as a set percent of the surface restored to an average density of one shrub per square meter in a mosaic of shrub patches. Efforts to achieve the density standard shall be conducted through the application of best technology currently available. The percentage of distribution of shrubs shall be determined through site specific evaluation of the premining shrub cover, density, distribution, and wildlife use. Except where a lesser density may be justified from premining conditions, 20 percent of the affected land shall be restored to shrub patches (Chapter IV, Section 2.(d)(x)(E)).

The Wyoming Game and Fish Department has indicated that certain subshrubs provide habitat and forage value to big game and non-game species. These species can be especially important as winter forage when snow cover makes many other forage species unavailable. As a result, the Game and Fish Department has requested that the following subshrub species be considered acceptable as contributors to the postmining shrub density standard.

Atriplex gardneri	Gardners saltbush Ceratoides lanata	Winterfat

These species should be included in both premining and postmining density analyses. For the sake of simplicity, all references to shrubs will pertain to these two subshrubs as well.

The prescribed shrub density standard may be reduced in accordance with the following criteria.

1. 1. All agricultural lands (cropland and pastureland) included in the area to be affected by mining can be excluded from the total acreage subject to the standard.

2. 2. The postmining areal extent of shrub patches and specific shrub density shall be determined according to the original premining shrub densities in each vegetation community and the percentage each community contributes to the total affected acreage.

1. a. If all premining communities supported an average density of one shrub per square meter or more, no reduction in density is warranted.

2. b. If the total percentage of premining vegetation types supporting an average density of at least one shrub per square meter is greater than 20% of the affected area, then no reduction in density is warranted.

3. c. Reductions in shrub density would be appropriate if the premining vegetation community(ies) supporting at least one shrub per square meter comprised less than 20% of the total affected area. The percentage this community contributed to the overall total would then become the percentage of the postmining landscape that would be required to support one shrub per meter squared. The remainder of the postmining 20% areal extent of shrub mosaics would be required to support shrubs at a density equalling the next lowest density supported by a premining community. The following example illustrates this situation.

Vegetation Community

		Shrubs per m2 No. of acres in affected area Percentage
of affected	areaa
Mixed Shrubland		1.2
		364	18.2 Upland Grassland
		.8
		1506	75.3 Scoria Grassland
		.3
		80	4.0 Drainage
Bottomland		.2
		50	2.5 Pastureland
		n/a
		300	n/a
Total
		2300
Final Total
		(2300-300)
		2000b

Postmining Standard:

18.2% @ 1 Shrub per m2 = 364 acres

1.8% @ .8 Shrubs per m2 = 36 acres

a - Represents the % of area excluding pastureland acres (total of 2000 ac).

b - Final total of 2000 acres represents the exclusion of the total pastureland acres.

d. If the premining vegetation communities did not support shrub densities of one shrub per square meter or more, then shrubs shall be restored to a density and areal extent equalling that of the premining community(ies) that supported the highest shrub density. The following examples illustrate this situation.

Vegetation

Community

Shrubs per m2

No. of acres in affected area Percentage of affected area

Mixed Shrubland

.84

630

15% Grassland

.60

3268

78% Meadow

.20

200

5% Streamside

Bottomland

.15

102

2% Total

4200

Postmining Standard:

15% @ .84 Shrubs per m2 = 630 acres

5 % @ .6 Shrubs per m2 = 210 acres

Vegetation Community

Shrubs per m2

Percentage of Grassland

No. of acres in affected area affected area

.75

1892

80%

Scoria Grassland

.35

412

18% Meadow

Total

2356

Postmining Standard:

20% @ .75 Shrubs per m2 = 471 acres

e. Under no circumstances shall more than two separate shrub densities be used for bond release purposes. If a more complex situation should arise at a mine, the LQD should be consulted to arrive at a manageable solution for bond release evaluation.

For areas containing designated critical or important habitat, the Wyoming Game and Fish Department shall be consulted for recommended reclamation standards for shrub density, cover, distribution and species composition.

For coal operators, tree species shall be returned to a postmining density equal to the premining density. The application should detail the age or size of transplants, the nature of the stock (bareroot, tubelings, etc.), the transplanting procedures and methods of protecting the transplanted stock from large and small herbivores.

G. Literature

Literature in Appendix VI may provide additional information for construction of revegetation plans. Specific acceptable revegetation practices may be found in permits approved by DEQ/LQD; additional proposed practices occur in pending permit applications. Both these sources are public documents. Applicants are encouraged to consult these sources and/or DEQ/LQD for further information.

VIII. Testing Adequacy of Reclamation

The Reclamation Plan should contain a discussion of the applicant's proposed methods for evaluation of revegetation success. The discussion should address all qualitative and quantitative success standards.

A. Reclamation Success Standards

Chapter II.2.(b)(xiv) of LQD Rules and Regulations requires that the applicant clearly define the postmining land use(s). Livestock grazing and wildlife habitat are the most commonly proposed postmining land uses. Chapter IV.2.(d)(x) defines the following success goals for all operators:

1. postmining cover equal to premining cover;

2. postmining production equal to premining production;

3. species composition and species diversity capable of supporting the postmining land uses;

4. ability of the reclaimed community to sustain grazing pressure at least equal to premining grazing pressure;

5. attainment of all of the above for two (2) consecutive years immediately prior to full bond release.

B. Land Units Used for Evaluating Revegetation Success

The vegetation parameters which are compared between the Control Area (CONA) or Reference Area (REFA) or Extended

Reference Area (EXREFA) and the reclaimed area (RECA) are identical. However, the methods used to compare the vegetation parameters differ intrinsically among the methods. These intrinsic differences are explained in Sections 1, 2 and 3 below.

1. Procedures Using a Control Area

The CONA concept involves the use of a mathematical adjustment for climatic changes which may have occurred between the dates that the premining and postmining data were collected.

The CONA concept is used to test the attainment of the success goals of % vegetation cover, % total ground cover and total herbaceous production. The operator should use the same methods in premining and postmining sampling to generate the following parameters:

Premining

Affected Area Control Area = percent cover or = percent cover or production production

S= variance of mean S= variance of mean

Postmining

Reclaimed Area Control Area

= percent cover or production = percent cover or

production

S= variance of mean S= variance of mean

Where: S & S = variance of mean =

If the value of is statistically equal (confidence level = 90%, @ = 0.1) to , should be directly compared (confidence level = 80%, @ = 0.2) to .

If is not statistically equal to , an additional parameter, , is generated in the following fashion: = the

cover or production goal adjusted for climatic change

Reclamation will be considered adequate for % total ground cover, % vegetation cover and total production when the following inequality has been satisfied for two (2) consecutive growing seasons:

where = the estimated variance of calculated by where:

If , the above inequality is met and the lengthy variance calculations are unnecessary.

An example calculation is available upon request for the entire bond release comparison outlined above.

2. Procedures Using a Reference Area

The REFA concept does not incorporate the use of a mathematical adjustment for climatic change. If climatic change has influenced the vegetation, it is assumed that the individual species and species assemblages of the REFA and RECA will have responded similarly.

The REFA concept is used to test the attainment of the success goals of % vegetation cover, % total ground cover and total herbaceous production. The operator should use the same methods to sample the REFA and RECA for the last two (2) consecutive years after the minimum bonding period and after the operator considers revegetation successful.

For each year's data set, the data from the REFA are directly compared, by standard statistical procedure (confidence level = 80%, @ = 0.2), to the RECA data. The goals of equal cover and production must be achieved for each quantitative parameter for the last two (2) consecutive years of the bonding period.

3. Procedures Using an Extended Reference Area

The EXREFA concept is identical to the REFA concept in its statistical comparisons. The intrinsic difference between the EXREFA and REFA concept lies in the postmining sampling of all of the undisturbed area of a given vegetation type, versus the sampling of a small, representative unit, the REFA.

C. Evaluation of Species Diversity and Species Composition

The postmining plant communities must have sufficiently diverse species composition (numbers and types of individual species and life forms) and sufficient species diversity (a measure of the variability of the species composition) to support the postmining land uses.

Appendix D-8 should contain a discussion of premining species composition and species diversity. The discussion should include the value (e.g. browse, shelter, grazing, soil protection ) of the major species and communities as a whole. A major species is defined as having relative cover equaling or exceeding two (2) percent. This discussion should be documented by applicable literature.

The Reclamation Plan should include a discussion of projected postmining species composition and species diversity, and the ability of the species to support the postmining land uses. The composition of reclamation seed mixes and/or special plantings, known species characteristics and life form distribution should form the basis of this discussion.

The applicant should also include in the Reclamation Plan a conceptual outline of how it proposes to evaluate species diversity and composition when bond release is requested. This outline may include:

1. a discussion of the species of the reclaimed community and their ability to support and maintain the postmining land uses;

2. the role of these species in secondary succession;

3. a direct qualitative comparison of the species composition of the premining and postmining communities;

4. a direct qualitative comparison of the life forms of the premining and postmining communities using an appropriate index of similarity or other assessment method agreeable to the LQD.

An index of similarity (Mueller-Dombois and Ellenberg, 1974) may be used to compare the premining and postmining communities. However, such indices should not constitute the sole criterion for evaluation of species diversity.

DEQ/LQD has developed a suggested format and procedures for evaluation of species composition and species diversity. These documents are available upon request; alternative methods may be appropriate.

D. Evaluation of Restored Cropland or Pastureland

Unless specifically approved in a Reclamation Plan, the areal extent of specially managed land units, such as croplands, haylands or pasturelands, should not significantly exceed their areal extent on the premining landscape. If a coal operator desires significant changes in postmining land uses, e.g. a significant increase in croplands, the proposal must be justified and approved as per Chapter II, Section 2.(b)(xiv).

As per Chapter IV, Section 2.(d)(x)(1), postmining restoration of cropland is deemed complete when their 'productive capability' is equivalent, for at least two (2) consecutive crop years, to premining conditions. Premining cropland production data should be considered in judging restored croplands, whenever said data area available. The equivalency can be assessed by direct comparison of postmining production data to accurate premining production data. Alternatively, the permittee may identify a premining cropland unit whose production capacity will be used as a success standard. Clearly the premining cropland unit must remain unaffected by mining activities, should be managed in an appropriate manner and should accurately represent the disturbed premining croplands. Alternative methods of evaluating cropland may be approved by the Administrator.

The LQD Rules and Regulations do not specifically address procedures for evaluating revegetation success on post-mining pasturelands and haylands. The procedures agreed to by the applicant and LQD should be clearly presented in the Reclamation Plan.

E. Evaluation of Shrub Density

The postmining shrub density standard is a minimum of one (1) full shrub per square meter within a mosaic of shrub patches. Unless a lesser density is justified by premining conditions. These shrub patches should cover a minimum of 20% of the postmining (affected area) landscape.

Species composition will be acceptable if the following criteria have been achieved:

1. Composition of the shrub patches may be based on either:

A. The relative density of species based on a weighted average of all shrub communities and their associated species present within the permit area. In this instance, one shrub patch seed mixture will be developed for the entire permit area.

B. A separate mixture could be designed for each affected shrub community and its associated species components. In this instance, several mixtures will be designed and applied where appropriate, in proportion to the areal extent of the affected premine communities.

2. Premine community(ies) identified and sampled during the baseline studies shall serve as the target for bond release unless the species composition indicates that the area is in an undesirable condition. In this case, an alternate community, representative of the native vegetation had it been properly managed, may be designated to establish the acceptable postmining species composition.

3. The major ($\geq 10\%$ of the overall density) shrub species identified through sampling in the premining community shall be included in the shrub mosaic seed mixture(s). For bond release purposes, the species with the greatest premine shrub density must be the dominant species in the postmine community and no other species can exceed its density.

A complete proposal for evaluation of postmining shrub density should include:

1. A commitment to provide a brief history of the methods employed to implant shrubs and the husbandry practices specifically related to shrub establishment and maintenance.

2. Methods to identify shrub patches and to determine their areal distribution and extent.

3. Proposed sampling methods for the determination of shrub density within the patches. This discussion should include number of samples.

4. Proposed methods for documenting the presence and distribution of shrub species on all other lands jointly used by livestock and wildlife.

F. Summary

The major components of a complete proposal for evaluation of revegetation success should be presented in the Reclamation Plan and should include:

1. A commitment to provide a brief discussion of the reclamation practices used on each reclaimed area, including the seed mix applied, any husbandry practices used (e.g., interseeding, biocide application, etc.) and the land management practices applied.

2. A commitment to describe the procedures used to define the boundaries of each reclaimed area, including any combinations of different age classes of reclaimed areas.

3. Presentation of the methods used to define the vegetational composition of each reclaimed area, such that the proper CONA may be chosen. Two approaches seem apparent:

a. The composition may be determined by a thorough, qualitative field reconnaissance.

Qualitative means the use of methods which do not involve point sampling procedures as discussed in Section II.A.

b. The composition may be determined by standard, point sampling techniques. These data would subsequently be used in the direct evaluation of revegetation success.

1. 4. Specification of the actual methods employed for each vegetation parameter. The sampling procedures should use standard methods and should be based upon standard procedures for the choice of sample locations. Clearly, the same methods must be used on the reclaimed areas and CONA or REFA.

2. 5. Specification of the number of samples to be taken for each parameter from the reclaimed areas and CONA. Several options are available:

1. a. The applicant may employ the sample adequacy procedures of Appendix A, as qualified by maximum and minimum sample numbers.

2. b. The applicant may employ other standard, statistical tests for assessing sample adequacy.

3. 6. Specification of the statistical methods proposed for the comparison of quantitative vegetation parameters.

4. 7. Specification of qualitative or quantitative (or a combination thereof) methods to assess the success standard that species diversity and species composition are capable of supporting the postmining land uses.

5. 8. Specification of methods to demonstrate that the reclaimed area is capable of withstanding grazing pressure at least comparable to that sustained prior to mining.

6. 9. Specification of methods to assess the establishment of suitable postmining wildlife habitat, including assessment of the quantitative and qualitative aspects of wildlife habitat.

List of Prohibited and Restricted Noxious (Designated ) Weeds for the State of Wyoming.

This list has been compiled from the appropriate laws governing the control of noxious (designated) weeds in the State of Wyoming (i.e. The Weed and Pest control Act of 1973 and The Wyoming Seed Laws). County Weed Control supervisors should be contacted for additional lists of declared weeds.

Prohibited Noxious (Designated) Weeds

Compositae - Sunflower Family

1. Arctium minus - common burdock
2. Carduus acanthoides - plumeless thistle
3. Carduus nutans - musk thistle
4. Centaurea masulosa - spotted knapweed
5. Centaurea repens - Russian knapweed
6. Chrysanthamum leucanthemum - ox-eye daisy
7. Cirsium arvense - Canada thistle
8. Franseria discolor = Ambrosia tomentosa - skeletonleaf bursage
9. Onopordum acanthium - Scotch thistle
10. Sonchus arvensis - perennial sowthistle

Convolvulaceae - Morning Glory Family

1. Convolvulus arvensis - field bindweed

Cruciferae - Mustard Family

1. Cardaria draba - hoarycress
2. Cardaria pubescens - hoarycress
3. Isatis tinctoria - Dyer's woad
4. Lepidium latifolium - perennial pepperweed Boraginaceae - Borage

Family

1. Cynoglossum officinale - hound's tongue Euphorbiaceae - Spurge Family
2. Euphorbia esula - leafy spurge

Gramineae - Grass Family

1. Agropyron repens - quackgrass Scrophulariaceae - Figwort Family
2. Linaria dalmatica - Dalmation toadflax
3. Linaria vulgaris - yellow toadflax

Restricted Noxious (Designated) Weeds

Compositae - Sunflower Family

1. Ambrosia psilostachya - perennial ragweed - Centaurea diffusa - diffuse knapweed

2. Centaurea solstitialis - yellow starthistle - Iva axillaris - poverty weed

3. Lactuca pulchella - blue-flowering lettuce - Tanacetum vulgare - tansy

Convolvulaceae - Morning Glory Family

1. Cuscuta species - dodder

Cruciferae - Mustard Family

1. Descurainia pinnata - tansymustard - Chorispora tenella -

blue mustard Gramineae - Grass Family

1. Avena fatua - wild oat

Leguminosae

1. Glycyrrhiza lepidota - wild licorice

2. Sphaerophya salsula - Austrian peaweed

Plantaginaceae - Plantain Family

1. Plantago lanceolata - buckhorn plantain

Zygophyllaceae - Caltrop Family

1. Tribulus terrestris - Puncture vine

See glossary for definition of the following terms: noxious (designated) weeds, prohibited noxious (designated) weeds, restricted noxious (designated) weeds and declared weeds.

Appendix II - Subshrubs

This list was prepared from literature sources and permit documents on file with DEQ/LQD. Nomenclature follows Dorn (1977).

Amorpha canescens	Gutierrezia sarothrae
Arctostaphylos uva-ursi		(= Xanthocephalum
Artemisia frigida		sarothrae)
Artemisia longifolia		Kochia americana
Artemisia ludoviciana		Leptodactylon caespitosum
Artemisia pedatifida		Leptodactylon pungens
Artemisia spinescens		Mahonia repens (=Berberis
Atriplex falcata		repens)
Atriplex gardneri (= A.		Sphaeromeria argentea
nuttallii = A. gordonii) Yucca glauca
Brickellia eupatorioides
Ceratoides lanata
Eriogonom brevicaule
Eriogonum effusum
Eriogonum jamesii
Eriogonum microthecum
Eriogonum pauciflorum

Appendix III - Primary Selenium Indicator Plants

This list was developed from Beath (1982). Nomenclature follows Dorn (1977).

Astragalus bisulcatus		Haplopappus multicaulis
Astragalus flavus	Haplopappus wardii
Astragalus grayi	Stanleya pinnata	Astragalus pectinatus
Stanleya tomentosa
Astragalus racemosus		Stanleya viridiflora
Xylorhiza glabriuscula

Appendix IV - Plant Species of Special Concern

The State of Wyoming has never prepared an official list of Rare, Threatened or Endangered Plant Species. No plants known to occur in Wyoming have been formally listed as Threatened or Endangered under the federal Endangered Species Act. However, several species occurring within Wyoming have been or are being considered under formal listing procedures. State and federal agencies have historically afforded these species special consideration until their status is accurately assessed.

This list was compiled from Dorn (1980) as well as Clark and Dorn (1981), and U.S. Fish and Wildlife Service, (1985). Clark and Dorn (1981) contains a list of Wyoming plants by county.

Agrostis rossiae	Eriogonum visheri
Antennaria arcuata	Gaura neomexicana aromatica
Antennaria aromatica	Antennaria ssp. coloradensis
Arabis pusilla	Lesquerella macrocarpa
Arabis williamsii	Lomatium attenuatum Arnica paniculata Oryzopsis swallenii Aster mollis Penstemon absorkensis
Astragalus jejunus	Penstemon acaulis
Astragalus paysonii	Penstemon gibbensii
Astragalus proimanthus	Physaria condensata
Astragalus shultziorum	Physaria domni
Claytonia lanceolata var. flava pulvinata	Rorippa calycina Cleome multicaulis Shoshonea
Cryptantha subcapitata	Sphaeromeria simplex
Descurainia torulosa	Stanleya pinnata
Draba nivalis var. brevicula pubescens	var. gibberosa Draba pectinipila Thelesperma Trifolium barnebyi
Eriogonum lagopus

Table 1. Areal extent and percent of total area for each of the vegetation types and other mapping units

Mapping Units	Total Acres	Affected		Unaffected Area		Entire Permit Area		Control Area		Area	Areas
		% of Area		% of Area		% of Area		% of Area
1. Upland grassland	1697.8	51.9		580.8		44.2		2278.6		49.7	2.5
2. Streamside meadow	31.4	0.9		58.4		4.4		89.8		1.9	3.0

@

@

8.Agricultural areas

424.9

12.9

60.0

4.5

484.9

10.6

-9.Disturbed

areas

102.7

3.1

5.9

0.4

108.6

2.4

-10.Reservoirs

1.3

0.1

0.1

0.1

1.4

0.1

--TOTAL

3271.3

1315.6

4586.9

15.5

Table 2. Summary of life form vegetation sampling data for the Control Area

for the Streamside Meadow Grassland Community. All values are means.

Vegetation Cover (%) Herbaceous Prod.(g/m2)

	Absolute	Relative	Absolute	Relative
PERENNIAL GRASSES & GRASS-LIKE SPECIES
Agropyron smithii	44.7	85.6	180.0	90.9
Agropyron trachycaulum	0.4	0.8	0.2	0.1
Bouteloua gracilis	1.1	2.1	3.1	1.6
Stipa comata	0.1	0.2	0.4	0.8
Stipa viridula	3.0	5.7	10.5	5.3
Subtotal*	49.3	94.4	194.2	98.0
ANNUAL GRASSES

Bromus japonicus	0.1	0.2	0.2	0.1
FORBS
Achillea lanulosa	0.3	0.6	0.5	0.3 Aster
adscendens	0.1	0.2	0.2	0.1
Taraxacum officinale	0.8	1.5	1.1	0.5
Unknown Rosette	0.1	0.2	0.1	0.1
*Subtotal	1.3	2.5	1.9	1.0
SUBSHRUBS AND SUCCULENTS
Artemisia ludoviciana	0.7	1.3	1.8	0.9
Ceratoides lanata	0.1	0.2	--	- - -

Gutierrezia sarothrae	0.4	0.8	--	- - -
Subtotal*	1.2	2.3	1.8	0 . 9
FULL SHRUBS
Artemisia tridentata	0.1	0.2	--	- - -
Atriplex canescens	0.2	0.4	--	- - -
Subtotal*	0.3	0.6	--	- - -
TOTALS	52.2	100.0	198.1	100.0

1. Subtotal across all species within a given life form category

NOTE: A similar table should summarize data for each community type and each control area or reference area.

Table 3. Quantitative Comparison of major species in the Control Area and Affected Area for the Streamside Meadow Grassland Community. All values are means.

Control Area	Affected Area
Absolute

	Cover (%)	Herbaceous Production (g/sq m)	Absolute Cover %	Herbaceous Production (g/sq m)
PERENNIAL GRASSES AND GRASS-LIKE SPECIES
Agropyron smithii	9.0	66.6	44.7	180.1
Poa pratensis	6.7	16.6	1.2	4.9
Bouteloua gracilis	5.7	8.5	1.1	3.1
Distichlis stricta	5.1	13.7	42.3	--
Stipa comata	3.0	4.7	0.1	0.5
Carex spp.	4.9	18.4	0.1	1.2
Subtotal*	45.5	160.8	51.6	208.1 FORBS

Taraxacum officinale	4.5	--	0.8	-Aster
falcatus	2.4	--	--	-Aster
adscendens	1.8	--	0.1	-Adila
lanulosa	0.7	--	0.3	- - -
Subtotal*	13.6	41.3	2.2	74SUB
SHRUBS
Artemisia ludoviciana	5.5	--	0.7	- - -
Artemisia frigida	1.0	3.5	--	- - -
Subtotal*	6.7	3.6	1.1	1 . 1
SHRUBS

Artemisia tridentata	0.1	--	0.1	--
Rosa woodsii	0.5	--	--	--
Atriplex canescens	--	--	0.2	--
Subtotal*	0.6	--	0.3	--
TOTALS	66.4	206.4	55.3	217.4

1. Subtotal across all species within a life form category

NOTE: A similar table should summarize data for each community type and each control area or reference area

Table 4. Summary of sample adequacy calculations for % vegetation cover using the formula of Appendix A

	Vegetation Cover (%) x+1 S.D.
		Actual Sample Size
		Computed Adequate Sample Size
			Computed* z-value
			Confidence Level	Achieved
AFFECTED AREA Grasslands
1. Streamside Meadow	66.4 _+ 7.3	26
4			N/A
Grassland	20.4 _+ 8.6	29		N/A2Upland
		58	0.90
				81.6 •

5. Scoria Grassland

51.0 _+13.5

33

23

N/A

N / A

Shrublands

1. Big Sagebrush

28.1 _+ 6.9

25

20

N/A

N/A 2. Silver

Sagebrush

63.4 _+19.8

32

1.04

85.1 CONTROL AREA

Grasslands

1. Streamside Meadow

55.3 _+11.1

15

14

N/A

N/A 2. Upland Grassland

33.8 _+19.3

20

107

0.55

70.9 5. Scoria Grassland

52.7 _+14.9

29

27

N/A

1. Big Sagebrush

21.6 _+ 3.5

15

9

N/A

53.3 _+15.6

15

29

0.94

82.6

N/A 2. Silver Sagebrush

1. These values should be calculated only if the computed sample size exceeds the actual sample size and the actual sample size is less than the maximum required sample size.

NOTE: A similar table should summarize data for % total cover and herbaceous production

Table 5. Summary cover and production data from Affected Area and Control Area sampling. All values are means + one standard deviation. These data constitute the premining vaules for use in the Control Area concept for the evaluation of revegetation success

Control Area	Affected Area
Absolute Vegetation Cover	Absolute Total Cover %
Herbaceous Vegetation Cover (g/sq m)	Absolute Vegetation Cover (%)
Herbaceous Production (g/sq m)	Absolute Total Cover (%)
Grasslands* 1. Streamside Meadow	66.4 + 7.3
	95.7 + 18.1
	206.4 + 81.9
	55.3 + 11.1
	74.0 + 16.1 217.4 + 78.6
2. Upland Grassland	20.4 + 8.6
	78.4 + 13.2
	60.4 + 6.3
	33.8 + 19.3
	80.3 + 11.0
	83.3 + 23.4•

5. Scoria Grassland

51.0_+13.5

95.0_+ 9.0

70.5_+20.9

52.7_+14.0

91.7_+ 9.2

66.9_+17.4 Shrublands*

1. Big Sagebrush

28.1_+ 6.9

81.1_+20.1

34.7_+14.9

21.6_+ 3.5

78.9_+15.1

26.9_+12.0

2. Silver Sagebrush

63.4_+19.8

84.1_+19.3

116.0_+50.7

53.3_+15.6

75.8_+11.6

117.5_+52.8

1. As defined by Appendix A

GENERAL

Alley, H.P. and G.A. Lee. 1969. Weeds of Wyoming. Bulletin 498. Agricultural Experiment Station, Laramie, WY.

Beath, O.A. 1982. The story of selenium in Wyoming. Bulletin 774. Agricultural Experiment Station, Laramie, WY.

Clark, T.W. and R.D. Dorn (eds) 1982. Rare and endangered vascular plant and vertebrates of Wyoming. Second Edition. Published by the editors at Box 2705, Jackson, WY.

Dorn, R.D. 1977. Manual of the vascular plants of Wyoming. Two vols. Garland Publishing Inc. New York.

Dorn, R.D. 1980. Illustrated guide to special interest vascular plants of Wyoming. U.S. Fish and Wildlife Service and Bureau of Land Management.

Greig-Smith, P. 1964. Quantitative plant ecology. Butterworths. London. Kershaw, K.A. 1964. Quantitative and dynamic ecology. American Elsevier Co. New York.

U.S. Fish and Wildlife Service. 1985. Endangered and threatened wildlife and plants. Fed. Reg. Vol. 50, No. 188. Sept. 27, 1985.

RECLAMATION

Coenenberg, J.G. 1982. Methods for establishment of diverse native plant communities at the Rosebud Mine. Research Report 194. Montana Agricultural Experiment Station. Bozeman, MT.

DePuit, E.J. 1982. Cool season, perennial grass establishment on Northern Great Plains mined lands: status of current technology. Research Report 194. Montana Agricultural Experiment Station. Bozeman, MT.

DePuit, E.J. 1984. Potential topsoiling strategies for enhancement of vegetation diversity on mined lands. In F. F. Munshower and S. E. Fisher (1984). See citation below under Munshower and Fisher.

DePuit, E.J. and J.G. Coenenberg. 1979. Responses of revegetated coal strip mine spoils to variable fertilization rates, longevity of fertilization program and season of seedings. Research Report 150. Montana Agricultural Experiment Station. Bozeman, MT.

DePuit, E.J. and J.G. Coenenberg. 1979. Methods for establishment of native plant communities on topsoiled coal strip-mine spoils in the Northern Great Plains. Reclamation Review 2:75-83.

DePuit, E.J., J.G. Coenenberg and C.L. Skilbred. 1980. Establishment of diverse, native plant communities on coal surface-mined lands in Montana as influenced by seeding method, mixture and rate. Research Report 163. Montana Agricultural Experiment Station. Bozeman, MT.

Munshower, F.F. and S.E. Fisher (Editors). 1984. Symposium on Surface Coal Mining and Reclamation in the Great Plains. Proceedings of Symposium held in Billings, MT on March 19-21, 1984.

Reis, R.E. 1982. Warm season grasses for revegetation in the Northern Great Plains. Research Report 194. Montana Agricultural Experiment Station. Bozeman, MT.

Schuman, G.E., E.M. Taylor, F. Rauzi and G.S. Howard 1980. Standing stubble versus crimped straw mulch for establishing grass on mined lands. J. of Soil and Water Conserv. 35(1):25-27.

SAMPLING AND STATISTICS

Allen, E.B. 1984. The role of mycorrhizae in mined land diversity. In F.F. Munshower and S.E. Fisher (1984). See citation above under Munshower and Fisher.

Chambers, J.C. 1983. Measuring species diversity on revegetated surface mines: an evaluation of techniques. Research Paper INT-322. Intermountain Forest and Range Experiment Station. Ogden, UT.

Chambers, J.C. and R.W. Brown 1983. Methods for sampling and analysis on revegetated mined lands. General Technical Report INT-51. Intermountain Forest and Range Experiment Station. Ogden, UT.

Cochran, W.G. 1977. Sampling techniques. 3rd ed. John Wiley and Sons. New York.

Daubenmire, R. 1959. A canopy-coverage method of vegetational analysis. Northwest Science 33:43-64.

Hays, R.L., C. Summers and W. Seitz. 1981. Estimating wildlife habitat variables. FWS/OBS-81/47. U.S.D.I., Fish and Wildlife Service.

Knight, D.H. 1978. Methods for sampling vegetation. An instruction manual. Ark Industries. Laramie, WY.

Mendenhall, W. and J.E. Reinmuth. 1982. Statistics for management and economics. Duxburg Press. Boston, MA.

Mueller-Dombois, D. and H. Ellenberg. 1974. Aims and methods of vegetation ecology. John Wiley and Sons. New York.

Neter, J. and W. Wasserman. 1974. Applied linear statistical methods. R. D. Irwin, Inc. Homewood, IL.

Ostle, B. and R.W. Mensing. 1975. Statistics in research. Iowa State University Press. Ames, IA.

Pieper, R.D. 1978. Measurement techniques for herbaceous and shrubby vegetation. Published by the author at New Mexico State University, Las Cruces, NM.

Redente, E.F., W.E. Sowards, D.G. Steward and T.L. Ruiter (Editors). 1983. Symposium on Western Coal Mining Regulatory Issues: Land Use, Revegetation, and Management. Colorado State University Range Science Department Science Series No. 35. Fort Collins, CO.

Van Dyne, G.M., W.G. Vogel and H.G. Fisser. 1963. Influence of small plot size and shape on range herbage production estimates. Ecology 44(4):746-759.

'Absolute Cover' is the determination of % cover of a given cover category in a fashion which is operationally independent of the other categories. Thus the sum of absolute cover categories (e.g. vegetation and litter/rock and bare ground) may be less than, equal to or greater than 100% (see Relative Cover).

'Affected Land' (Affected Area) means the area of land from which overburden is removed, or upon which overburden, development waste rock or refuse is deposited, or both, access roads, haul roads, mineral stockpiles, mill tailings, impoundment basins, and all other lands whose natural state has been or will be disturbed as a result of the operations.

'Adjacent Areas' means land located outside the permit area upon which air, surface water, groundwater, fish, wildlife, or other resources protected by the Act may reasonably be expected to be adversely impacted by mining or reclamation operations. Unless otherwise specified by the Administrator, this area shall presumptively be limited to lands within onehalf mile of the proposed permit area.

'Baseline Vegetation Inventory' is a vegetation sampling program executed prior to any significant surface disturbance caused by proposed mining activities. The inventory will provide a verbal and mental picture of the prevailing plant communities and will quantitatively and qualitatively classify the different plant communities to the specifications of Wyoming State Law.

'Comparison Area' means a land unit which is representative, in terms of physiography, soils, vegetation and land use history, of a premining plant community from which no vegetation data were collected prior to disturbance. The representative nature of the Comparison Area may be validated by a subjective field reconnaissance of the site or by subjective evaluation of vegetation data generated by a sampling program. The establishment procedures should be agreed to by the permittee or applicant and LQD prior to establishment.

Postmining quantitative data from the Comparison Area are directly compared, by standard statistical procedures (confidence level of 80%, @ = 0.2), to data from a reclaimed vegetation type when evaluating revegetation success for full bond release. No mathematical adjustment for climatic change is made. Qualitative data are compared by standard procedures agreed to by the applicant or permittee and LQD.

A Comparison Area should be at least two (2) acres in size and should be managed in a fashion which will not cause significant changes in vegetation parameters used to evaluate revegetation success.

'Control Area' means a land unit which is representative in terms of physiography, soils, vegetation and land use history, of a plant community affected by mining activities. The representative nature of the Control Area is verified by subjective (non-statistical) comparison of its quantitative and qualitative characteristics to similar information from the plant community it typifies.

Quantitative premining and postmining vegetation data from the Control Area are used to mathematically adjust premining affected area data for climatic change. These adjusted data are directly compared by statistical procedures (confidence level = 80%, @ = 0.2) to data from a reclaimed vegetation type when evaluating revegetation success for full bond release. Qualitative data are compared by standard procedures agreed to by the applicant or permittee and LQD.

A Control Area should be at least two (2) acres in size and should be managed in a fashion which will not cause significant changes in the vegetation parameters used to evaluate revegetation success.

"Cool-Season Plant" is a species which grows and flowers during the spring. Its growth usually slows or becomes dormant during the hotter, drier portions of the summer, but the species may resume growth in the fall with the advent of cooler temperatures and available soil moisture.

"Cover" is the proportion of the ground surface cloaked by a vertical projection of objects on or above that ground surface. Cover is expressed as a percentage of a surface reference unit. The following cover categories are of interest to LQD:

1. % litter and rock cover is the proportion of the ground surface overlain by dead plant material and rock (defined as any stone or mineral matter at least one (1) square centimeter in size).

2. % vegetation cover is the vertical projection of the general outline of plants (ignoring minor gaps between branches and holes in the canopy) to the ground surface.

3. % total ground cover is the sum of the cover values for % vegetation, % litter and % rock.

4. % bare ground is the proportion of the ground surface occupied by unvegetated mineral soil.

"Cropland" means land used for the production of adapted crops for harvest, along or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops.

"Density" is the number of individuals per unit area.

"Dominance" refers to the collective size or bulk of individual plant species or life forms and their relative influence on other components of the ecosystem.

"Extended Reference Area" means all the undisturbed portion of a vegetation type which has experienced disturbance by mining activities. The representative nature of the Extended Reference Area is verified by evaluation of vegetation mapping procedures, the adequacy of premining quantitative and qualitative vegetation data, soils data, physiography and land use history information.

Postmining quantitative vegetation data from the Extended Reference Area are directly compared by standard statistical procedures (confidence level of 80%, @= 0.2) to data from a reclaimed vegetation type when evaluating revegetation success for full bond release. No mathematical adjustment for climatic change is made. Qualitative data are compared by standard procedures agreed to between the permittee and LQD.

An Extended Reference Area should be managed in a fashion which will not cause significant changes in vegetation parameters used to evaluate revegetation success.

"Forestry" means land used or managed for the long-term production of wood, wood fiber, or wood derived products.

"Full Shrub" is a perennial woody plant which differs from a tree by normally being shorter in height and by often having several stems arising near the base.

"Grazing Exclosure" is a fence or other device utilized to prevent grazing by large herbivores in order to more accurately estimate production of a land unit.

"Grazingland" includes rangelands and forest lands where the indigenous native vegetation is actively managed for grazing, browsing, or may occasionally be cut for hay production.

"Land Use" refers to the specific uses or management-related activities which a given unit of land experiences. Land use is directly supported by, but not directly defined by the existing plant communities. See definitions of cropland, pastureland, grazingland, forestry, or appropriate discussion in LQD Rules and Regulations, Chapter I, under "land use".

"Life Form" is a category of growth morphology which appears to have some adaptive significance. Examples of life forms include trees, full shrubs, sub-shrubs, perennial grasses, annual forbs, succulents, cushion plants, etc.

"Line Intercept" is a cover estimation method based upon the measurement of the proportion of a line transect intercepted by the vertical projection of plant parts. Absolute cover, when using the line intercept method, is defined by the formula

% cover of A = sum of all segments intercepted by A x 100

total length of the line transect

"Litter" means any recognizable plant parts or structures which are lying on the ground surface. Decomposing organic matter which has lost its structural integrity or which is no longer a recognizable plant part is not litter.

"Noxious Weeds" are agriculturally unuseful or troublesome plants whose seeds are totally prohibited from or severely limited in any amounts in commercial crop seed offered for sale. These designations are made by State law.

"Prohibited noxious" (designated) weeds are those species whose seed is not allowed in the seed of crops under any amounts. Restricted noxious (designated) weeds are those species whose seed is tolerated in the seed of crops only under small amounts. Declared weeds are those species which are of a particular concern to a specific county which may or may not be considered noxious (designated) under State law.

"Pastureland" is land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed.

"Permit Area" means the area of land and water within the boundaries of the approved permit or permits during the entire life of the operation and includes all affected lands and water.

"Plant Community" (Vegetation Type) is a relatively homogeneous combination of individual plants existing under common environmental conditions.

"Plotless Sampling" means estimation of vegetation parameters without the use of twodimensional areal reference units.

"Point Intercept" is a cover estimation method based upon the lowering of a "pin" through the vegetation at objectively established sampling points. The "pin" may be an ocular siting device (e.g. crosshairs), a sharpened rod or a series of sharpened rods. Absolute cover, when using the point intercept method, is defined by the formula:

% cover of A = number of hits on A x 100

total number of hits

"Production" is an estimate of the total standing crop biomass of herbaceous species (grass, grass-like, forb and some subshrub species). The estimate is made at a time near the expected peak of the current year's growth and is reported on a per unit area basis.

"Quadrat" is a two-dimensional areal unit which is superimposed on the ground surface for the purposes of estimating one or more vegetation parameters.

"Reference Area" means a land unit which is representative, in terms of physiography, soils, vegetation and land use history, of a plant community affected by mining activities. The representative nature of the Reference Area is verified by statistical comparison (confidence level of 90%, @ = 0.1) of its absolute values of % vegetation cover, % total ground cover and total herbaceous production to similar data from the plant community it typifies. Species composition and species diversity are also subjectively (non-statistically) evaluated.

Postmining quantitative vegetation data from the Reference Area are directly compared by standard statistical procedures (confidence level of 80%, @ = 0.2), to data from a reclaimed vegetation type when evaluating revegetation success for full bond release. No mathematical adjustment for climatic change is made. Qualitative data are compared by standard procedures agreed to between the permittee and LQD.

A Reference Area should be at least two (2) acres in size and should be managed in a fashion which will not cause significant changes in the vegetation parameters used to evaluate revegetation success.

"Relative Cover" is the expression of any number of cover categories e.g. vegetation +

litter/rock + bare ground) in relation to each other, such that the sum of the relative cover values for those categories totals 100%. Relative Cover is calculated by the formula:

% Relative Cover of A = Absolute Cover of A x 100

Sum of the Absolute

Cover of categories A + B + ...n

"Selenium Indicator Plants" are plant species which may selectively concentrate selenium in their tissue and/or be tolerant of high selenium concentrations in the soil. These species, when grazed by cattle or sheep, may produce toxic reactions known as selenium poisoning.

"Shrub Mosaic" is a pattern of shrub patches designed to achieve maximum habitat interspersion and edge effect. The boundary of a mosaic encompasses the areal extent of shrub patches and other vegetation types occupying the area between the patches.

"Shrub Patch" refers to a continuous surface of varying shape and size (no less than 0.05 acres) that is intensively managed to support a high density of shrubs.

"Species Composition" means number, kinds, amount, and quality of species.

"Species Diversity" means number of species per unit area.

"Study Area" means the full extent of the surface area which was sampled during the baseline vegetation inventory. The study area may coincide with or exceed the permit area.

"Subshrub" is a perennial plant which is partly woody, usually at the base, but also partly herbaceous. The individual plant generally dies back to the woody tissue after each year's growth.

"Transect" is a sampling method which involves the establishment of a long, continuous line or strip. The starting point and orientation of the line should be randomly established.

"Warm-Season Plant" is a species which produces most or all of its growth during the late spring and summer, subsequently flowering in the late summer or autumn.

APPENDIX B

WILDLIFE MONITORING REQUIREMENTS FOR SURFACE COAL MINING OPERATIONS

INTRODUCTION

Procedures specified in this Appendix are required for surface coal mining operators per Chapter II, Section 2(b)(vi)(B) and Chapter IV, Section 2(r)(iv) of the WDEQ/LQD Rules and Regulations. The requirements herein shall become effective January 1 following filing with the Wyoming Secretary of State. The monitoring procedures specified in this Appendix are applicable to surface coal mines. Operators disturbing less than 640 acres of land may request a reduced level of monitoring through submittal of a wildlife monitoring plan to be reviewed and approved by the regulatory authority prior to implementation.

Permission for significant departures from this Appendix shall be requested by formal proposal to the LQD. Proposed alternatives will be reviewed by the appropriate wildlife agencies prior to approval and implementation. Alternative methods which are equally effective as those recommended in this Appendix will be given due consideration and may be approved by the Administrator. Specific procedures in this Appendix may be waived by the Administrator

where the operator affirmatively demonstrates that the impact cannot occur or is not a reasonable concern during the life of the mine. The type and amount of monitoring may be modified depending upon the wildlife species and habitats on and adjacent to the permit area, the size of the area to be affected over the mine life, and sitespecific problems.

Operators with overlapping monitoring areas shall coordinate their monitoring programs to eliminate duplication. Though not required, operators should consider coordinated and consolidated monitoring efforts with neighboring mines in order to assure the collection of meaningful and comparable data. Qualified wildlife professionals must be utilized for the collection and analysis of data in order to assure accuracy and consistency. Each mine's annual report to the LQD shall include the monitoring data and analysis specified by this Appendix. Data comparisons should consider all years since the onset of data collection, though only the data for the current year and the four previous years need be presented in the annual report. Data analysis procedures and standardized reporting shall be in a form acceptable to the Administrator. The Administrator will strive to ensure the timely review of wildlife monitoring data provided in annual reports to the LQD and the cumulative analysis of monitoring data from all operators.

TABLE OF CONTENTS:

1. A. Big Game Seasonal Habitat Use
2. Seasonal Distribution and Habitat Affinity²³⁵
3. Climatological Information²³⁵
4. Range Conversions²³⁶
5. Mortalities and Concentration Buildups²³⁶
6. B. Upland Gamebird Brood Counts and Lek Attendance Surveys
7. Lek Searches²³⁶
8. Lek Attendance Surveys²³⁷
   1. Brood Habitat Surveys²³⁷
   2. Measures of Disturbance²³⁷
9. C. Raptor Production
10. Nest Status and Production Success²³⁷ Measures of Disturbance²³⁸
11. Prev Abundance Indices²³⁸

Permit Term Mitigation Plan²³⁸

D. Migratory Birds of High Federal Interest²³⁹

E. Federally Listed Threatened and Endangered Species

Bald Eagles²³⁹

Black-Footed Ferrets²³⁹

A. Big Game Seasonal Habitat Use

Seasonal Distribution and Habitat Affinity

One (1) aerial survey and one (1) ground survey shall be conducted between January 1 and mid-March each year. Aerial surveys are primarily for pronghorn and ground surveys for deer. However, all big game should be recorded in all surveys. The ground survey shall be conducted as soon as practical after the aerial survey. The aerial survey should be conducted on a clear day with 100 percent snow cover (optimum conditions). Where actual snow cover conditions deviate from the optimum due to areas continually blowing free of snow, it would be acceptable to conduct the survey with less than 100 percent snow cover (but not less than 80 percent snow cover). Deviation from optimum conditions reduces data quality and, therefore, the operator should use discretion in selecting the best survey conditions. Aerial surveys shall be conducted at constant altitude from a light, high wing aircraft with one or two observers. The survey area shall be covered by flying north-south transects spaced at 1/2 mile intervals if there is one observer or 1 mile intervals if there are two observers.

If appropriate snow cover conditions have not developed by the first of March, the aerial survey shall then be conducted either under minimal snow cover conditions (0-20 percent) or near complete (80-100 percent) snow cover. Again, the operator should use discretion in selecting appropriate survey conditions. If neither of these snow cover conditions develop by mid-March, the aerial survey should not be conducted for that year and only the ground survey would be necessary. In addition to the winter surveys, one (1) ground survey shall be conducted in April, early June and August; all big game should be recorded in these surveys. Surveys shall cover the permit area and 2 mile perimeter. Ground routes should allow visual coverage of the entire study area, and the same routes must be utilized each survey to the extent possible.

Climatological Information

The relative severity of each winter must be determined to evaluate how big game respond to mining and reclamation during average to extreme winter conditions. A daily weather record (snow depths, minimum and average temperatures, wind velocities) must be obtained from the nearest NOAA weather station or a continuous recording station on or near the permit area. Data must cover the period from November through mid-March and must be provided to the LQD in each annual report. Additionally, each mine must note snow cover trends preceding the winter aerial survey. Areas where deep snow persistently accumulates, covering forage and/or precluding big game movement, must be sketched on a map.

Range Conversions

Each mine operator shall obtain seasonal range maps from the Wyoming Game and Fish Department (WGFD) for big game species present on the permit area. Range delineations must be superimposed on a mine plan map and the total area affected over the mine life must be calculated and the incremental amount affected each year reported.

Mortalities and Concentration Buildups

Each mine operator must maintain a record of big game mortalities including fence entanglements, vehicular collisions, and other deaths. Winter mortalities shall be estimated each spring from observations incidental to surveys and other mine activities. Species, date, and probably cause of mortality should be recorded, and a cumulative record must be submitted in each annual report.

Any sudden concentration buildups or apparent migration blocks must be reported immediately to local WGFD personnel and should be described in each annual report.

B. Upland Gamebird Brood Counts and Lek Attendance Surveys

Lek Searches

All suitable lek habitat on the term of permit area and a one-mile perimeter must be searched for new leks at least once each spring. Every third year, searches must cover the entire permit area and its one-mile perimeter. Lek searches shall be conducted from late March through April by driving roads and stopping frequently (at no greater than one mile intervals) to scan and listen for displaying sounds. During annual attendance surveys at known leks, any new leks discovered shall be noted.

Complete coverage must be achieved by ground surveys. Aerial surveys are ineffective for sharptail grouse leks, but may be used to augment ground surveys for sage grouse leks. Searches shall be conducted between dawn and 1 hour after sunrise. When display or breeding activity is noted at a site during a lek search, that site must be checked two more times during the breeding season.

Lek Attendance Surveys

At each known lek, a minimum of three (3) attendance counts must be conducted during April through early May. Attendance counts shall be conducted from 1/2 hour before to 1/2 hour after sunrise, separated by 7 to 10 day intervals. Peak male attendance shall be determined using repeated counts until the observer is confident in the count. The number of females observed shall also be recorded. Each annual report must include a complete record of the status and history of all leks, including those which have been destroyed or have become inactive.

Brood Habitat Surveys

Permanent walking routes shall be established along edges of all native drainages, subirrigated meadows, and other mesic sites within the permit area, totalling up to 3,000 meters (1.86 mi.). Similar transects totalling up to 3,000 meters shall be established on reclamation as soon as revegetated bottomlands and drainages become available. During July each year, all routes shall be surveyed twice within a week period. Weather conditions should be calm, clear, and dry. All grouse observed shall be classified as adult males, adult females, or juveniles. Results must be expressed as number of individuals observed per 1,000 meters. Although transects within native habitats will be eliminated as mining progresses, results prior to disturbance will establish baseline brood densities. These will afford a basis for evaluating grouse recovery on reclaimed surfaces.

Measures of Disturbance

To evaluate effects of visual and auditory disturbance, operators shall measure the linear distance from each lek to the closest known, regular human or equipment activity during each breeding season. The presence or absence of direct line of sight must also be noted. Habitat alteration must be calculated annually as the cumulative disturbed acreage of each habitat type and the cumulative acreage of permanent reclamation (classified as upland or bottomland).

C. Raptor Production

Nest Status and Production Success

On or before mid-February, surveys for golden eagle and great horned owl nests shall be initiated within ½ mile of existing mining activities and those activities proposed for the coming year. It is advantageous to document early courtship behavior in potential conflict situations because once eggs are laid, mitigation options become restricted.

In addition, three thorough surveys covering the entire permit area and a one mile perimeter must be conducted within the following time frames.

The first shall be conducted during March to locate golden eagle and great horned owl nests. A second survey shall be conducted in April to locate nests of most other species. A third survey shall be conducted from mid-May through mid-June to locate new raptor nests and to check the status of all known nests.

Follow-up visits to previously identified nests, as necessary, shall be timed to facilitate documentation of occupied territories, nest building, incubation and fledging success according to the biology of the species present and variations in breeding chronology among study areas.

Nest checks during all periods should be brief and conducted from a distance to avoid flushing incubating raptors from their nests. Once an active nest is identified, productivity checks shall be conducted to determine the number of young fledged from the nest. The status and productivity of all nests are to be reported annually.

Measures of Disturbance

The linear distance of each nest site (active or not) from the nearest known, regular human or equipment activity must be determined each breeding season. Note must be made whether a direct line of sight exists between the nest and the activity (recorded as presence or absence of visual barrier). If the nearest activity is unrelated to mine operations, this should be noted. A record of all nests, including those which have been destroyed, and their histories must be updated and submitted annually. Deteriorated nests which are not in reusable condition should also be indicated. All nest locations must be shown on a wildlife monitoring map.

Prey Abundance Indices: Lagomorphs

Lagomorph monitoring shall be accomplished with either walking or driving transects of sufficient length to achieve an adequate sample. Consistent methods must be maintained over all areas surveyed, and over time. As representative acreages of different reclamation types become available, additional transects shall be established in these types.

Permit Term Mitigation Plan

Prior to permit approval and each subsequent renewal or major amendment or revision, the operator must consult the U.S. Fish and Wildlife Service (USFWS) to develop (or update) a raptor management plan. The outcome of this consultation, along with a USFWS letter of approval, shall be included within the application document. The 'take' of a raptor nest with eggs or young should be considered only when no other alternative exists and after obtaining a special purpose permit from the USFWS and the necessary scientific permit from the WGFD. Results of monitoring and mitigation stipulations shall be included in applicable annual reports to the LQD.

D. Migratory Birds of High Federal Interest

Surveys for Migratory Birds of High Federal Interest (MBHFI) must be conducted in accordance with the operator's MBHFI plan as approved by the USFWS. Date and location of each MBHFI sighting, as well as habitat and activity, must be reported to the LQD in annual reports.

E. Federally Listed Threatened and Endangered Species

All observations of threatened and endangered species must be reported promptly to the regulatory authority as required in Chapter IV, Section 2.(r)(i)(E), unless otherwise specified by the USFWS.

Bald Eagles

If a bald eagle roost occurs on the permit area or within accessible portions of a one-mile perimeter, three counts of eagle attendance at the roost must be made from January through mid-March. Roost counts must be separated by at least two weeks.

If suitable roost habitat (large riparian tree groves, wooded canyons) occurs on or near the permit area, one annual survey for new roosts must be conducted in January or February. Coverage must include the permit area and one-mile perimeter. Searches must be started at dawn and end no later than two hours after sunrise. These searches can be conducted by personnel on the ground or from a light airplane.

Results of roost counts and searches must be reported to the LQD and locations of roosts must be shown on a wildlife monitoring map.

Black-footed Ferrets

Searches for black-footed ferrets will be limited to prairie dog colonies on the permit area. A search must be conducted within one year before

beginning disturbance of a colony. Ferret searches must be led by an individual certified by the USFWS. Procedures described in the BLM Handbook of Methods for Locating Black-Footed Ferrets and the most recent USFWS guidelines must be followed. Prior to conducting a search, the USFWS Regional Endangered Species Office must be contacted to verify procedures.

Results of each survey must be submitted to OSM and USFWS for review and clearance. A copy of survey results must be sent to the WDEQ/LQD for review. Copies of ferret survey reports and associated correspondence must be included in the annual report to the LQD.

APPENDIX B

WILDLIFE MONITORING REQUIREMENTS FOR SURFACE COAL MINING OPERATIONS

INTRODUCTION

Procedures specified in this Appendix are required for surface coal mining operators per Chapter II, Section 2(b)(vi)(B) and Chapter IV, Section 2(r)(iv) of the WDEQ/LQD Rules and Regulations. The requirements herein shall become effective January 1 following filing with the Wyoming Secretary of State. The monitoring procedures specified in this Appendix are applicable to surface coal mines. Operators disturbing less than 640 acres of land may request a reduced level of monitoring through submittal of a wildlife monitoring plan to be reviewed and approved by the regulatory authority prior to implementation.

Permission for significant departures from this Appendix shall be requested by formal proposal to the LQD. Proposed alternatives will be reviewed by the appropriate wildlife agencies prior to approval and implementation. Alternative methods which are equally effective as those recommended in this Appendix will be given due consideration and may be approved by the Administrator. Specific procedures in this Appendix may be waived by the Administrator

where the operator affirmatively demonstrates that the impact cannot occur or is not a reasonable concern during the life of the mine. The type and amount of monitoring may be modified depending upon the wildlife species and habitats on and adjacent to the permit area, the size of the area to be affected over the mine life, and sitespecific problems.

Operators with overlapping monitoring areas shall coordinate their monitoring programs to eliminate duplication. Though not required, operators should consider coordinated and consolidated monitoring efforts with neighboring mines in order to assure the collection of meaningful and comparable data. Qualified wildlife professionals must be utilized for the collection and analysis of data in order to assure accuracy and consistency. Each mine's annual report to the LQD shall include the monitoring data and analysis specified by this Appendix. Data comparisons should consider all years since the onset of data collection, though only the data for the current year and the four previous years need be presented in the annual report. Data analysis procedures and standardized reporting shall be in a form acceptable to the Administrator. The Administrator will strive to ensure the timely review of wildlife monitoring data provided in annual reports to the LQD and the cumulative analysis of monitoring data from all operators.

TABLE OF CONTENTS:

1. A. Big Game Seasonal Habitat Use
2. Seasonal Distribution and Habitat Affinity235
3. Climatological Information235
4. Range Conversions236
5. Mortalities and Concentration Buildups236
6. B. Upland Gamebird Brood Counts and Lek Attendance Surveys
7. Lek Searches236
8. Lek Attendance Surveys237
   1. Brood Habitat Surveys237
   2. Measures of Disturbance237
9. C. Raptor Production
10. Nest Status and Production Success237 Measures of Disturbance238
11. Prey Abundance Indices238
12. Permit Term Mitigation Plan238
13. D. Migratory Birds of High Federal Interest239
14. E. Federally Listed Threatened and Endangered Species
15. Bald Eagles239
16. Black-Footed Ferrets239

A. Big Game Seasonal Habitat Use

Seasonal Distribution and Habitat Affinity

One (1) aerial survey and one (1) ground survey shall be conducted between January 1 and mid-March each year. Aerial surveys are primarily for pronghorn and ground surveys for deer. However, all big game should be recorded in all surveys. The ground survey shall be conducted as soon as practical after the aerial survey. The aerial survey should be conducted on a clear day with 100 percent snow cover (optimum conditions). Where actual snow cover conditions deviate from the optimum due to areas continually blowing free of snow, it would be acceptable to conduct the survey with less than 100 percent snow cover (but not less than 80 percent snow cover). Deviation from optimum conditions reduces data quality and, therefore, the operator should use discretion in selecting the best survey conditions. Aerial surveys shall be conducted at constant altitude from a light, high wing aircraft with one or two observers. The survey area shall be covered by flying north-south transects spaced at 1/2 mile intervals if there is one observer or 1 mile intervals if there are two observers.

If appropriate snow cover conditions have not developed by the first of March, the aerial survey shall then be conducted either under minimal snow cover conditions (0-20 percent) or near complete (80-100 percent) snow cover. Again, the operator should use discretion in selecting appropriate survey conditions. If neither of these snow cover conditions develop by mid-March, the aerial survey should not be conducted for that year and only the ground survey would be necessary. In addition to the winter surveys, one (1) ground survey shall be conducted in April, early June and August; all big game should be recorded in these surveys. Surveys shall cover the permit area and 2 mile perimeter. Ground routes should allow visual coverage of the entire study area, and the same routes must be utilized each survey to the extent possible.

Climatological Information

The relative severity of each winter must be determined to evaluate how big game respond to mining and reclamation during average to extreme winter conditions. A daily weather record (snow depths, minimum and average temperatures, wind velocities) must be obtained from the nearest NOAA weather station or a continuous recording station on or near the permit area. Data must cover the period from November through mid-March and must be provided to the LQD in each annual report. Additionally, each mine must note snow cover trends preceding the winter aerial survey. Areas where deep snow persistently accumulates, covering forage and/or precluding big game movement, must be sketched on a map.

Range Conversions

Each mine operator shall obtain seasonal range maps from the Wyoming Game and Fish Department (WGFD) for big game species present on the permit area. Range delineations must be superimposed on a mine plan map and the total area affected over the mine life must be calculated and the incremental amount affected each year reported.

Mortalities and Concentration Buildups

Each mine operator must maintain a record of big game mortalities including fence entanglements, vehicular collisions, and other deaths. Winter mortalities shall be estimated each spring from observations incidental to surveys and other mine activities. Species, date, and probably cause of mortality should be recorded, and a cumulative record must be submitted in each annual report.

Any sudden concentration buildups or apparent migration blocks must be reported immediately to local WGFD personnel and should be described in each annual report.

B. Upland Gamebird Brood Counts and Lek Attendance Surveys

Lek Searches

All suitable lek habitat on the term of permit area and a one-mile perimeter must be searched for new leks at least once each spring. Every third year, searches must cover the entire permit area and its one-mile perimeter. Lek searches shall be conducted from late March through April by driving roads and stopping frequently (at no greater than one mile intervals) to scan and listen for displaying sounds. During annual attendance surveys at known leks, any new leks discovered shall be noted.

Complete coverage must be achieved by ground surveys. Aerial surveys are ineffective for sharptail grouse leks, but may be used to augment ground surveys for sage grouse leks. Searches shall be conducted between dawn and 1 hour after sunrise. When display or breeding activity is noted at a site during a lek search, that site must be checked two more times during the breeding season.

Lek Attendance Surveys

At each known lek, a minimum of three (3) attendance counts must be conducted during April through early May. Attendance counts shall be conducted from 1/2 hour before to 1/2 hour after sunrise, separated by 7 to 10 day intervals. Peak male attendance shall be determined using repeated counts until the observer is confident in the count. The number of females observed shall also be recorded. Each annual report must include a complete record of the status and history of all leks, including those which have been destroyed or have become inactive.

Brood Habitat Surveys

Permanent walking routes shall be established along edges of all native drainages, subirrigated meadows, and other mesic sites within the permit area, totalling up to 3,000 meters (1.86 mi.). Similar transects totalling up to 3,000 meters shall be established on reclamation as soon as revegetated bottomlands and drainages become available. During July each year, all routes shall be surveyed twice within a week period. Weather conditions should be calm, clear, and dry. All grouse observed shall be classified as adult males, adult females, or juveniles. Results must be expressed as number of individuals observed per 1,000 meters. Although transects within native habitats will be eliminated as mining progresses, results prior to disturbance will establish baseline brood densities. These will afford a basis for evaluating grouse recovery on reclaimed surfaces.

Measures of Disturbance

To evaluate effects of visual and auditory disturbance, operators shall measure the linear distance from each lek to the closest known, regular human or equipment activity during each breeding season. The presence or absence of direct line of sight must also be noted. Habitat alteration must be calculated annually as the cumulative disturbed acreage of each habitat type and the cumulative acreage of permanent reclamation (classified as upland or bottomland).

C. Raptor Production

Nest Status and Production Success

On or before mid-February, surveys for golden eagle and great horned owl nests shall be initiated within ½ mile of existing mining activities and those activities proposed for the coming year. It is advantageous to document early courtship behavior in potential conflict situations because once eggs are laid, mitigation options become restricted.

In addition, three thorough surveys covering the entire permit area and a one mile perimeter must be conducted within the following time frames.

The first shall be conducted during March to locate golden eagle and great horned owl nests. A second survey shall be conducted in April to locate nests of most other species. A third survey shall be conducted from mid-May through mid-June to locate new raptor nests and to check the status of all known nests.

Follow-up visits to previously identified nests, as necessary, shall be timed to facilitate documentation of occupied territories, nest building, incubation and fledging success according to the biology of the species present and variations in breeding chronology among study areas.

Nest checks during all periods should be brief and conducted from a distance to avoid flushing incubating raptors from their nests. Once an active nest is identified, productivity checks shall be conducted to determine the number of young fledged from the nest. The status and productivity of all nests are to be reported annually.

Measures of Disturbance

The linear distance of each nest site (active or not) from the nearest known, regular human or equipment activity must be determined each breeding season. Note must be made whether a direct line of sight exists between the nest and the activity (recorded as presence or absence of visual barrier). If the nearest activity is unrelated to mine operations, this should be noted. A record of all nests, including those which have been destroyed, and their histories must be updated and submitted annually. Deteriorated nests which are not in reusable condition should also be indicated. All nest locations must be shown on a wildlife monitoring map.

Prey Abundance Indices: Lagomorphs

Lagomorph monitoring shall be accomplished with either walking or driving transects of sufficient length to achieve an adequate sample. Consistent methods must be maintained over all areas surveyed, and over time. As representative acreages of different reclamation types become available, additional transects shall be established in these types.

Permit Term Mitigation Plan

Prior to permit approval and each subsequent renewal or major amendment or revision, the operator must consult the U.S. Fish and Wildlife Service (USFWS) to develop (or update) a raptor management plan. The outcome of this consultation, along with a USFWS letter of approval, shall be included within the application document. The 'take' of a raptor nest with eggs or young should be considered only when no other alternative exists and after obtaining a special purpose permit from the USFWS and the necessary scientific permit from the WGFD. Results of monitoring and mitigation stipulations shall be included in applicable annual reports to the LQD.

D. Migratory Birds of High Federal Interest

Surveys for Migratory Birds of High Federal Interest (MBHFI) must be conducted in accordance with the operator's MBHFI plan as approved by the USFWS. Date and location of each MBHFI sighting, as well as habitat and activity, must be reported to the LQD in annual reports.

E. Federally Listed Threatened and Endangered Species

All observations of threatened and endangered species must be reported promptly to the regulatory authority as required in Chapter IV, Section 2.(r)(i)(E), unless otherwise specified by the USFWS.

Bald Eagles

If a bald eagle roost occurs on the permit area or within accessible portions of a one-mile perimeter, three counts of eagle attendance at the roost must be made from January through mid-March. Roost counts must be separated by at least two weeks.

If suitable roost habitat (large riparian tree groves, wooded canyons) occurs on or near the permit area, one annual survey for new roosts must be conducted in January or February. Coverage must include the permit area and one-mile perimeter. Searches must be started at dawn and end no later than two hours after sunrise. These searches can be conducted by personnel on the ground or from a light airplane.

Results of roost counts and searches must be reported to the LQD and locations of roosts must be shown on a wildlife monitoring map.

Black-footed Ferrets

Searches for black-footed ferrets will be limited to prairie dog colonies on the permit area. A search must be conducted within one year before beginning disturbance of a colony. Ferret searches must be led by an individual certified by the USFWS. Procedures described in the BLM Handbook of Methods for Locating Black-Footed Ferrets and the most recent USFWS guidelines must be followed. Prior to conducting a search, the USFWS Regional Endangered Species Office must be contacted to verify procedures.

Results of each survey must be submitted to OSM and USFWS for review and clearance. A copy of survey results must be sent to the WDEQ/LQD for review. Copies of ferret survey reports and associated correspondence must be included in the annual report to the LQD.