2009-01-02_REVISION - C1980005 - Laserfiche WebLink

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SL-3 ADEQUACY REVIEW 1. Rule 3.03.1(2)(b) and Division bond release guidelines require that, for Phase II bond release (of up to 85% of the applicable bond amount), achievement of the approved success standard for vegetation cover, pursuant to Rule 4.15.8, must be demonstrated. Further, the demonstration is to be based on statistically valid data collected during a single year of the liability period. Rule 4.15.8(3)(a) states that, for vegetative cover, "the revegetated area shall be considered acceptable if statistically adequate sampling and testing pursuant to 4.15.11 demonstrate that the revegetated area is not less than 90 percent of the reference area cover...". The revegetation success demonstration data tables and narrative provided in the SL-3 application were from the Seneca 112006 Annual Revegetation Report, prepared by ESCO Associates Inc. (ESCO). The ESCO report (referenced in the SL-3 application) is very thorough, detailed, and well presented, and contains substantial documentation and explanation that was not presented in the SL-3 application. We have reviewed the ESCO report in conjunction with our SL-3 review, and have identified three significant deficiencies regarding statistically adequate demonstration of revegetation cover success within Bond Release Block 4 (BRB-4), described below. The deficiencies relate to information presented on Map 4 (2006 Phase 2 Bond Release Sample Locations) of the ESCO report. The map delineates the Bond Release Block 4 (BRB4) area subject to sampling (e.g. sample universe), as well as the location of the twenty-four (24), BRB-4 cover sample transects. Rule 4.15.11(2)(a) defines the applicable formula for demonstration of statistical sample size adequacy, and Rule 4.15.11(2)(b) defines the applicable t-test formula for demonstration of success. The three significant deficiencies we have identified with respect to BRB-4 vegetation cover demonstration are: a) Six of the cover sample transects (T6, T11, T14, T17, T19, and T22) appear to be located within the 125.8 acre East Wadge area, which was excluded from the SL-1 Phase 1 Bond Release approval and was properly not included in the SL-3 Phase II release request area (compare ESCO Map 4 to SL-3 Map Exhibits A and B). Data from the cover transects located within the bond release exclusion area should not have been included in the SL-3 data set, for success demonstration purposes. b) Two large revegetation parcels (98-1A and 99-1F) that were included by SCC within BRB-4, in the SL-3 Phase II Bond Release request area (SL-3 Exhibit B, Revegetation Area-1997 Thru 2003), were not included in the BRB-4 sample universe depicted on Map 4 of the ESCO report. As a result, these parcels were not sampled nor were they potentially subject to sampling. The combined acreage of the two parcels is 173.3 acres (from permit Map Exhibit 13-13.1), roughly 1/3 of the total BRB-4 acreage as delineated on SL-3 Exhibit B. 2