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<br />-17- <br />816.117 Revegetation: Tree and Shrub Stocking for Forest Land <br />The applicant states in V. 3, 816-165 that "premining (Section 779.22) and <br />postmining (Section 816.133) land uses within the permit area can be <br />classified as cropland, pastureland and rangeland according to the land use <br />definitions contained in 30 CFR 701.5. Forestry lands as .defined in 30 CFR <br />701.5 are lands "used or managed for the long-term production of wood, wood <br />fiber, or wood .products". The premining land uses do not qualify as forestry <br />lands. The reforestation requirements contained in this section therefore do <br />not apply." <br />However, OSM feels that 816.117(c) applies to the applicant's permit <br />application. This subsection pertains to "the minimum performance standards <br />for areas where woody plants are used for wildlife management, recreation, <br />shelter belts, or forest uses other than cowoercial forest lands." The <br />applicant addresses portions of this subsection in V. 2 780-127 and 128, which <br />states that six pounds of shrub seed per acre (Amelanchier alnifolia, <br />Artemesia tridentata, Prunus virginiana, Purshia tridentata, Chr_vsothamnus <br />nauseosus, Chrysothamnus vicidiflorus, and Rosa woodsii) will be planted on <br />all rangeland areas. <br />In addition, Energy Fuels plans to transplant 40,000 trees and shrubs per year <br />for each year for the period 1980 - 1987. These woody species will be lifted <br />from areas scheduled for mining with a front end loader and will be placed <br />according to appropriate site specific conditions, which are not identified by <br />the applicant. The applicant proposes to dig awa}• topsoil surrounding the <br />roots of the plan[ [o be transplanted, and will then move the excavated plan[ <br />onto the prepared spoil. The root pad is [hen covered with topsoil and [he <br />area seeded. <br />The applicant states that "containerized and bare root seedlings will also be <br />planted at the rate of approximately 10,000 plants per year" (V. 2, 780-127). <br />Containerized and bare root stock will be purchased from a commercial plant <br />supplier. <br />C. Compliance <br />786.19(b) <br />In January 1978, Energy Fuels Corporation submitted a formal request to <br />Colorado State Mined Land Reclamation Board for a final bond release for two <br />areas (Fish Creek Seeding and Pit 3 Seeding). llata to support bond release <br />were collected on the two areas prior [o passage of the Surface Mining Control <br />and Reclamation Act. Thus the applicant was not required to demonstrate <br />success under tl~e standards presently required. <br />These data indicate that cover and plant density were equal or greater than <br />that of premining vegetation. However, the Fish Creek Seeding production, <br />sampled in June, was 700 lbs/acre, and was very low compared to SCS estimates <br />(2200 lbs/acre) and Energy Fuels 1979 Range Site data (1861 lbs/acre treated <br />