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Page 5 <br />contradiction between the equation for the Vegetative Cover Standard in the Permit Application Package <br />(PAP) and the one presented in the SL-12 bond release application. The contradiction lies in the use of a <br />negative sign in the equation presented in SL-12 versus the absence of the negative sign in the equation <br />approved in the PAP, which produces a large difference in the resulting y value. If the Division is to use <br />the equation as presented in SL-12, it was recommended that a Minor Revision be submitted to clarify <br />the correct equation to be used for the Vegetative Cover Standard and update the applicable page(s) of <br />the PAP. CEC submitted a Minor Revision on September 13, 2024 (MR-48) to clarify that the correct <br />equation to use for the Vegetative Cover Standard includes the negative sign, as presented in SL -12. <br />MR-48 was issued on September 16, 2024.Therefore, all adequacy items identified in the SL-12 <br />application were addressed by CEC. <br /> <br /> <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br /> <br />PHASE I <br /> <br />Phase I criteria were not evaluated for this bond release application. All parcels requested for Phase <br />II/III bond release in SL-12 have previously been approved for Phase I bond release. <br /> <br />PHASE II <br /> <br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released upon <br />the establishment of vegetation which supports the approved postmining land use and which meets the <br />approved success standard for cover... based on statistically valid data collected during a single year of <br />the liability period". Regarding Phase II bond release, Rule 3.03.1(3)(b) states, "No more than sixty (60) <br />percent of the bond shall be released so long as the lands to which the release would be ap plicable are <br />contributing suspended solids to streamflow or runoff outside the permit area in excess of premining <br />levels as determined by baseline data or in excess of levels determined on adjacent nonmined areas." <br /> <br />The following information can be found in Section 2.05.4 of the PAP for the Keenesburg Strip Mine. <br /> <br />The approved revegetation plan emphasizes native species planting resulting in a diverse, permanent, <br />effective plant community capable of self-regeneration. <br /> <br />Per the PAP, the required minimum topsoil replacement thickness is 24 inches over much of the site, <br />including Area 30. Area 30 was graded, topsoiled (top-sanded) and seeded in 2006. CEC’s topsoil <br />replacement has been documented by CEC and verified by the Division during previous inspections. <br />During reclamation activities, CEC placed a post with the soil laydown thicknesses marked on the post. <br />Verification of the topsoil laydown consisted of photographing the topsoil thickness against the <br />markings on the post. CEC maintains a notebook with photos, dates, and the location of the topsoil <br />laydown. The particular Division inspection report that verifies topsoil depth at Area 30 is the May 31, <br />2006 report. This report indicates that the depth was 30 inches, which is well above the required <br />minimum depth of 24 inches and acceptable to the Division. <br /> <br />Vegetative cover success is determined by factoring the previous 11 months precipitation data into an <br />approved predictive formula to determine successful vegetative cover in percentage. Areas will be