(a) The plan for a baseline vegetation study to establish baseline conditions shall be submitted to the Administrator prior to the field sampling season for review and approval, prior to implementation, unless otherwise approved by the Administrator.
(b) If baseline information was previously collected in the area for a different permit or project, then the Administrator may require resampling. The Administrator's determination as to whether resampling is required, and to what extent, will be based upon: - (i) Differences in scope between the permits or project;
- (ii) Differences in existing and historic conditions;
- (iii) Improvements in sample collection techniques;
- (iv) The elapsed time since the last evaluation of the presence of threatened and endangered species; or
- (v) Concerns with sampling methodology.
(c) The applicant shall map the vegetation communities within the permit area and adjacent area and shall sample and describe the characteristics of vegetation communities within the permit area, to include: - (i) The map shall show the vegetation communities in the permit and adjacent lands. Communities that are 2 acres and larger shall be mapped. Inclusions within larger communities do not need to be mapped as separate vegetation communities. The applicant may use the terminology used by the NRCS in naming vegetation communities;
- (ii) The map shall be of a scale approved by the Administrator and use an aerial mosaic or USGS topographic, or equivalent, map as a base;
- (iii) The vegetation community map shall identify:
- (A) Sample locations for cover and shrub density;
- (B) Reference Areas unless a technical success standard is proposed for evaluation of revegetation;
- (C) Areas to be affected by mining and associated activities:
- (D) The locations and orientations of all photographs provided with the descriptions of the vegetation communities and Reference Areas, as required in Chapter 2, Section 3(j);
- (E) The general location of trees;
- (F) The location and extent of designated and/or prohibited noxious weeds per Chapter 2, Section 3(k); and
- (G) Extent of existing disturbance.
- (iv) The vegetation communities in the study area may be mapped any time the ground is clear of snow, but must be field checked and verified prior to the sampling.
(d) Percent cover, by vegetation community, shall be estimated using either: - (i) Quantitative methods, as approved by the Administrator, when the applicant intends to develop a technical standard or when the Administrator determines the study area is in a location that baseline vegetation has not been adequately described.
- (ii) With approval of the Administrator, semi-quantitative methods as outlined below shall be used when the applicant does not intend to use a technical standard or those areas where the Administrator determines there is sufficient quantitative vegetation baseline in the general area.
- (A) The quadrat or point intercept method shall be used except there is not a sample adequacy requirement. The number of samples per vegetation community and reference area shall be:
| Vegetation Community size | No. of samples |
| 0 to 5 acres | 3 |
| >5 to 50 acres | 5 |
| >50 acres | 10 |
(e) If the applicant intends to propose a technical success standard, annual herbaceous production, by community, shall be estimated using quantitative methods. Annual herbaceous production shall also be quantitatively estimated when the Administrator determines that previously collected baseline vegetation data inadequately describes the proposed permit area. If semi-quantitative methods are approved for baseline, no production for baseline is necessary.
(f) A "Reference area", as defined in Chapter 1, Section 2, shall be established for each vegetation community which will be disturbed unless a technical success standard is proposed for evaluation of revegetation.
(g) Shrub density sampling shall use the quantitative methods as approved by the Administrator unless the applicant commits to the maximum shrub reestablishment performance standard of one full shrub per square meter within shrub patches distributed over 20 percent of the eligible land for Option II. If the applicant accepts this maximum shrub reestablishment performance standard, the applicant shall use the following provisions to complete the calculations in Appendix 4A, Tables 1 and 2. - (i) For Option II, the full shrub with the highest baseline relative cover value across all premining vegetation communities shall be listed as the dominant premine full shrub species and the target postmine species. No calculations for Appendix 4A, Table 1 or Table 2, shall be performed. In Table 2, the Density of the Dominant Postmining (Full) Shrub shall be 0.5 per square meter, and the Density of Residual (Full) Shrubs shall be 0.25 per square meter and the Density of Approved Subshrubs shall be 0.25 per square meter.
(h) If trees are present within the proposed permit area, then the description shall include the number, general distribution, and species.
(i) The applicant shall compile an inventory, by vegetation community, of all plants species observed within the study area and corresponding Reference Areas, in accordance with the following requirements: - (i) The plant species shall be listed:
- (A) By "life forms" as defined in Chapter 1, Section 2;
- (B) By scientific binomial (with reference to the botanic key used);
- (D) Identified as a native (native to North America) or introduced species.
- (ii) The plant inventory shall be field checked and updated at least three times from April through September during the baseline sampling year to capture the phenological expression of species that do not express themselves every month. The plant inventory shall not be compared to any qualitative, semi-quantitative or quantitative criteria.
- (iii) The plant inventory shall note the names and field locations of:
- (A) Any herbarium samples collected;
- (B) Any Designated Noxious Weeds or Prohibited Noxious Weeds defined by the State of Wyoming;
- (C) Any plant species or habitat of special concern at the time of sampling; and
- (D) Any species not previously recorded in Wyoming or outside its known range.
(j) Each baseline vegetation study shall present descriptions of the vegetation communities and, unless a technical success standard is proposed for evaluation of revegetation, present descriptions of the Reference Areas/Unit. The descriptions shall include: - (i) The general vegetation composition;
- (ii) The major species in each life form;
- (iii) The characteristic topography, including overall slope and aspect;
- (iv) The characteristic soil types;
- (v) The number, sizes, and types of inclusions;
- (vi) The degree of interspersion between communities;
- (vii) A summary of the quantitative, semi-quantitative, and qualitative vegetation information for each community;
- (viii) The presence of Designated Noxious Weeds or Prohibited Noxious Weeds identified in Chapter 2, Section 3(k), the description shall include information on the present and historical weed treatment; and
- (iv) A three-inch by five-inch (or larger) color photograph, color copy or digital photograph panorama, showing the general features of each "Vegetation community" and "Reference area".
(k) Each baseline vegetation study shall include documentation of the presence or absence of Designated Noxious Weeds or Prohibited Noxious Weeds as defined by the State of Wyoming, Department of Agriculture. - (i) If any Designated Noxious Weeds or Prohibited Noxious Weeds are present within the proposed permit area, the description shall include a list of their names, either common or scientific, and a visual estimate of their relative cover.
- (ii) If any Designated Noxious Weeds or Prohibited Noxious Weeds are estimated to comprise more than 25% of the relative vegetation cover on two or more contiguous acres, that acreage shall be identified on the vegetation community map.
(l) If any State or Federally listed endangered or threatened plant species are known to exist within the permit area or in adjacent areas, their location shall be described and an evaluation provided on potential habitats within the permit area and in adjacent areas.
(m) Cropland, either as a vegetation community and/or a land use category, is exempt from Chapter 2, Sections 3(d) through (g), (i) and (j).