Laserfiche WebLink
July 7, 2010 <br />The Division would like to clarify several comments found in the reclamation report that do not agree with the state <br />regulations, guidelines and policy; <br />1. On page 3 of the report, IME makes the statement, "the plant cover standard at the Marr Mine is based on total <br />cover standard, which means that all plant cover including annual and biennial plants and listed noxious weeds <br />are sampled and counted toward the cover standard." <br />The Division agrees that all vegetation is sampled for total cover. However, under no circumstances do noxious <br />species count towards meeting reclamation success standards (Guideline Regarding Selected Coal Mine Bond <br />Release Issues, April 18, 1995, p. 11). Rule 4.15.8(2) states vegetation on the reclaimed area shall, "consist of <br />species that support the post-mining land-use". The Division is unable to accept that State and county listed <br />noxious weed species support the approved post-mining land use of rangeland and wildlife habitat. Noxious <br />weeds species do not count towards reclamation success. <br />2. The Division also wishes to clarify that annual and biennial plant species are allowed to count towards <br />reclamation success provided that, "the allowable relative cover and production contribution of annual and <br />biennial species should not exceed 10 percent, or the relative cover and production of such species in the <br />associated reference area or standard, whichever is higher. Annual or biennial cover or production in excess of <br />the threshold should be deleted from the reclaimed area data prior to success comparison." (Guideline Re ag rding <br />Selected Coal Mine Bond Release Issues, April 18, 1995, p. 11) Rule 4.15.8(6) also requires that the vegetation <br />on the reclaimed surface consists of a mixture of the species of the same seasonal variety native to the area of <br />disturbed land, or of species that support the postmining land use. <br />The 2009 vegetation sampling of the 1999 reclamation parcels at the Mine site demonstrated reclamation success with all <br />parameters; cover, production, woody plant density, with the exception of the species diversity standard. Page 3 of the <br />2009 Vegetation sampling report states that, "since a comparison of the pre-mining map documents that all of the area <br />associated with the 1999 Reclamation Block is associated with the Alkali Sagebrush Vegetation Type; approval was <br />obtained from the DRMS to sample only the Alkali Sagebrush Reference Area and use these data as the revegetation <br />standard." Later in the 2009 Vegetation sampling report (page 13), the operator wishes to apply the `weighted average" <br />approach to species diversity. Although the Division understands the argument that the operator is making, the Division <br />disagrees with the pick and choose approach to reclamation success standards. If IME presents the argument that the <br />1999 reclaimed parcel should be compared pnly to the Alkali Sagebrush Reference Area for cover and production, the <br />Division is unable to accept that EWE wishes to apply a weighted reference standard to the same reclaimed area for the <br />diversity standard. <br />3. If the operator or permittee believes that the approved reclamation success standards are not reflective of the <br />approved post-mining land use objectives, the appropriate avenue to request a change is via a technical revision <br />that is submitted to the Division well before the operator is proposing to submit a bond release application for the <br />reclaimed areas in question. Please assure that any proposed change to the diversity standard meet the <br />regulations: <br />Revegetation success Criteria 4.15.8(2),vegetative cover and herbaceous production, species diversity and <br />woody plant density on the reclaimed surface shall be at least equal to (as defined below) the vegetative <br />cover and herbaceous production, species diversity and woody plant density of living plants on the <br />approved reference area or the standards established in 4.15.7(2)(d). In addition, the vegetation on the <br />reclaimed area shall be of the same seasonal variety native to the area of the disturbed land, or shall <br />consist of species that support the approved post-mining land use. <br />Rule 4.15.8(5), the permittee shall be required to demonstrate, using techniques approved by the Division, <br />that adequate species diversity has been achieved on the revegetated area. Such techniques may include, <br />but not limited to, diversity indices and/or comparisons of species composition (based on cover or <br />production) between the reclaimed area and the undisturbed vegetation. <br />2