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livestock;" and "few grasses that are palatable [] found in very small numbers." <br /> Thus, Ms. Tiglas concluded that "[t]he area should have weed-free topsoil applied <br /> and [should] be reseeded with native grasses and forbs." O'Brien Hearing Exhibit 4, <br /> Tiglas Report, at 3. <br /> Fourth, since the September 17th hearing, the O'Briens have been able to obtain <br /> additional evidences that speaks directly to an issue of central importance: How <br /> does the quality and depth of topsoil in the areas damaged by mining compare with <br /> the quality and depth of topsoil naturally occurring on O'Brien property?Aaron <br /> DeJoia, a Certified Professional Agronomist and Certified Professional Soil <br /> Scientist, has sampled, analyzed, and compared the topsoil inside and outside of the <br /> mined areas. See Exhibit D. As he explains in his report, Mr. DeJoia dug test holes <br /> in a non-mined area of the O'Brien property, near the area highlighted by Mr. <br /> Lennberg's testimony. Mr. DeJoia also dug two test holes in areas of O'Brien <br /> property that has been damaged by mining activity. What he found was a dramatic <br /> difference in topsoil depth and quality. In the naturally-occurring non-mined test <br /> holes, Mr. DeJoia found about 8-12 inches of high-quality topsoil. In the mined <br /> areas, Mr. DeJoia estimates that only about "2 inches of topsoil may have been <br /> placed" and he found the "soils [were not] capable of supporting self-sustaining <br /> vegetation" and that the soils "were very compacted and do not appear to be <br /> properly prepared." Ex. C at 3. Ultimately, in his professional opinion, Mr. DeJoia <br /> concludes as follows: <br /> In my opinion the soil, vegetation and stabilization of the O'Brien mined <br /> areas do not meet criteria for maintaining self-sustaining permanent <br /> vegetation and U would not be considered stable. It is my opinion that <br /> additional topsoil of proper quality and quantity will need to be imported <br /> to create an environment where successful reclamation can be achieved. <br /> Based on my experience as a reclamation soil scientist to achieve <br /> greatest probability of successful reclamation the application of 8 to 12 <br /> inches of topsoil is required. <br /> 2 Mr. DeJoia's findings constitute new and relevant facts that were not known at the time of the <br /> hearing under DRMS Rule 2.9.1(2).As discussed at the hearing,because of the short time between <br /> the Operator's latest amended reclamation plan and the hearing date, soil sample data was not <br /> available by the time of the hearing. Even though the applicant bears the burden of proof, the <br /> O'Briens attempted in good faith to obtain expert soil sampling data by the hearing date, but were <br /> unable to locate any experts who could complete sampling and analysis by the hearing date. <br /> 9 <br />