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. id r. C.J. Silvernale • -2- No vemb~9, 1983 . 2. Please state how many acres are currently disturbed that will require topsoil and or overburden (grov+th medium} replacement. 3. After reviewing your response to MLRD questions D-1, D-2 and E-l, the staff is very concerned that the operator has not followed the plans originally submitted to the Division for topsoil and overburden salvage. After years of mining, the operator only has 1,215 Cubic yards of topsoil and 25,000 cubic yards of overburden. In the event of default, the state would have insufficient material and insufficient bond to complete reclamation at this site as outlined in the original permit and proposed amendment. The original application was submitted and signed by 1~1r. Cy Schulte, president of Andesite Rock Co. as being true and correct to the best of his knowledge. At no past point in time has the operator come to the MLRD to discuss potential deficiencies in growth medium or propose corrective actions. Surely, the operator would quickly notice the discrepancy in available topsoil and overburden shortly after commencement of mining. The staff will recommend to the t4ined Land Reclamation Board that the operator be required to replace topsoil or other suitable growth medium to a minimum depth of 12 inches as originally agreed and that the operator provide evidence of the amount and Source of material in the event that a growth medium must be obtained off site. The financial warranty must reflect what it would cost the State to buy, transport and spread topsoil to a depth of 12 inches on all current disturbance to be revegetated. The staff cannot second guess what an applicants intent was when an application was prepared. If the applicant states that there is sufficient topsoil to replace to a depth of 12 inches minimum, that is the basic commitment. The staff will not recommend to the Board, a reduction in reclamation standards on lands which have already been disturbed. D. Exhibit E -Reclamation Plan 1. The staff will recommend to the Mined Land Reclamation Board that the operator replace a minimum of 12 inches of topsoil or other suitable growth medium on all lands currently disturbed which require revegetation. Please see item No. C-3. 2. The operator states in the November 23, 1983 response to MLRD E-2' that overburden also is being mined when there is a market available. The staff understands that the operator is referring to rock and not overburden fines, is this correct?. 3. By reviewing the operators November 23, 1983 response to MLRD item No. E-4, does this mean that the operator does not contest the random planting of cottomvood, American plum, Golden current, Chokecherry and Mt. Mahogany seedlings. VNUUU J~a.~u ...ru ...........................~.. .. ................• ~~~~sz .., o~