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-8- <br />However, grasses and fortis are also important components of the reclaimed <br />areas in regards to pro vi dins plant cover, production, and plant <br />community diversity for the stated post-mining land uses. <br />Section 4.06.5 also contains a request that the MLRD waive any <br />requirements fora soil sampling program. The discussion in Section <br />4.06.5 leading up to this request is highly contradictory and, in the <br />case of the Smith (1966) citation, misleading. For these reasons and for <br />reasons stated previously in this document, the Division must deny KCC's <br />request. <br />Further, KCC has not committed to overburden or topsoil testing plans <br />which would identify overburden or topsoil which is possibly toxic to <br />plants. Since baseline information indicates that sodic topsoils and <br />overburden may be present in mine area materials and KCC's proposed plan <br />does not commit to any kind of further material testing prior to <br />backfilling or after final overburden and topsoil placement, the Division <br />cannot at this time grant a variance from replaced topsoil testing. In <br />order to comply with Rule 4.06.5, KCC must state in the revised permit <br />documents the soil parameters to be tested for, the intensity of and <br />depths of sampling, and the criteria that will be used to determine <br />whether nutrients or other soil amendments need to be used. <br />38. KCC contends that the Division is requiring reestablishment of Wyoming <br />big sagebrush on reclaimed areas at the Marr Mine. Please remove <br />reference to the Division's requirement for Wyoming big sagebrush unless <br />you can provide written documentation to substantiate this contention. <br />39. KCC maintains that "live-topsoiled" areas will not be seeded or mulched <br />but instead will be protected from wind and water erosion by volunteer <br />native species reestablishing from seed contained in the topsoil. The <br />Division cannot approve of this method for widespread topsoil protection <br />on reclaimed areas because it is not yet a proven and reliable method of <br />topsoil stabilization and may not comply with Rules 4.05.1(4)(b)(iii) and <br />(vi), 4.05.5(1)(c), 4.05.5(2)(f), and 4.06.4(2)(d). <br />The effectiveness of using live handled topsoils is not questioned. <br />However, the Division has yet to be convinced that re vegetation efforts <br />will not be hampered when mulching and seeding of the perennial seed mix <br />are not employed. <br />Rule 4.15.6(3) states that the Division may require field trials which, <br />according to Rule 4.15.6(1) may "include tests of various aspects of the <br />plan such as different seed mixes, alternative soil stabilization <br />procedures and variations in seeding or planting times." Kerr Coal's <br />proposals to not seed or mulch areas receiving live handled topsoil <br />warrant testing with relatively large scale field trials. The goals of <br />these trials can be made specific enough that results of a well designed <br />trial can be evaluated within an adequate time frame to be useful to the <br />operator. If during the first three or so years of plant establishment, <br />