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I:~. TO,-'~.,!_ - ~~U~tS L.U,.9, 2.u5..i(5), 2.US.•7(2)(d) ana a.U6 The a;nended permit application has changed significantly in regard to the topsoil plan. originally, Empire Energy Corporation was proposing to import to;isoil to cover all disturbed areas where topsoil was cot salvaged. In the amended application, Empire Energy Corporation iias proposed to use the existing materi-rl as a plant yrowth rnediu~n and replace Cuhsoil in those areas where it was salvaged. Overall, tFiis is an acceptable pian, but there are many proole~ns with the plan as it is presented. CK1 f lC;\L t,UFJUI_ItIJS - Nll concerii~ in this section are cr~Lical and must be r'esolve:d prior Lu permit issuance. of critical concern is the informwtion needed for uonGiny. pue to tr,e complexity or` this plan, including areas of prior disturbance, c w•rent construction plans and plar~ned future disturbances, it is difficult to determine, available volumes of topsoil and overburden which will be usgd during recla~uation. A table iiwst be prepared showing the surface area of each location to be disturbed and reclaimed, the volume and type or material which will oe used to reclaim each of these locations, the final depth of the replaced material, and the current status of t'ne ;proposed seedbed material (topsoil, subsoil, overburden, in-place, stored, to ue i~,ipurtec. ur moved from another on-site location; etc.). An approprizte u,a,i must 3150 lie included showing all existing or planned disturbed areas, current topsoil or other seedbed material storage areas and all areas to be reclaimed. ldithout this information, it is not possible to deter.nine the feasibility of reclaiming the permit area or determining a bond amount. STIPULATfUiaS - These concerns could be stipulated as conditions to the permit. Empire Energy Corporation states that Rule 4.p6.2(4)(a), which is the requirements for using selected overburden ~uaterials, does not apply to previously disturbed areas. This state~ner~t is incorrect. The fact that topsoil was not salvayed from previously disturbed areas does riot relieve the applicant from demonstrating that the existing overlw rden is the best available growth medium. 'n order For Che Uivisio~~ to issue a pc:rait, a rindiny must be made that reclamation success is feasible at tr,a site. Since one of the main determining factors for evaluating reclamation success is a suitable plant yrowth ~nediiam and the Division must have detailed information demonstrating Che suitability of an on-site ;ro;ah medium.