2002-05-02_PERMIT FILE - M2002004 (4)

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05102/2002 16:06 4716922 EILAND LAW PAGE 03 the Operator must develop and implement a plan that will provide the greatest probability of success in plant establishment and vegetation development through considerations such as seasonal precipitation patterns, temperature, wind, soil texture and fertility, slope stability, appropriate site preparation techniques, and effective weed control. Issues of timing and follow through are also of critical concern in this application. Rule 3.1.3 requires that the Operator complete each phase of reclamation within five years from the date that phase is commenced. In a phased reclamation project such as this, which could continue for anywhere from 50-100 years, it is exceedingly important that a minimum amount of land be left unreclaimed at any given time. Rio Grande's reclamation plan calls for reclamation of only 15.5 acres per year. However, Rio Grande intends to mine 35 acre parcels, reclaiming each parcel while mining another at the same time, for a total of 70 acres of disturbed land at any given time. Exhibit L, p. L-2, and Exhibit C, p. D-3, gives the expectation of 70 disturbed acres per year. Although Rio Grande stated that an improved species count of plains grasses will appear soon after the initial planting, Rio Grande failed to explain how it will effectively revegetate disturbed areas with no irrigation, when it admits that many areas of the site currently have little or no vegetative cover, and states that the ground water table is nearly 400 feet below the surface. Without water, revegetation is unlikely to occur, or if it does, it may take many years. Further Rio Grande seems to assume that airbom reintroduction of species from adjacent unaffected lands will revegetate the disturbed area, although such revegetation has not occurred naturally. The Plan also states that "the roots of existing vegetation can be left in place as practical, to facilitate plant regrowth after construction activities to further minimize erosion." Again, Rio Grande is counting on existing vegetation to revegetate the area. Additionally, the Plan does not explain how existing vegetation roots will remain after Rio Grande has excavated 30 feet down. The planned reclamation process is to begin immediately after Rio Grande has completed its excavation from a particular "cut," and is ongoing, with seedings completed during the appropriate seasons. However, Rio Grande does not state how long it will take regrowth to occur. Nor does the company suggest it should take any responsibility or provide any plan for ongoing reclamation attempts if the initial reclamation attempt fails. Rio Grande must determine and specify the best growing seasons for proper germination and development, and must formulate a contingency plan should its original plan prove unsuccessful. The final permit should make very clear the definition of "completion" to indicate that the Operator has fulfilled all the steps of the process and that revegetation has taken place to ensure a resulting diverse, effective, and long-lasting vegetative cover capable of self-regeneration. Exhibit E, page E-3, states that "problem areas will be identified and failed seeded areas may [italics added) be reseeded until the desired permanent vegetation establishment is achieved." The Plan fails to define the parameters of "desired permanent vegetation establishment," nor who will determine when the area has met that criterion. The flan contains no monitoring mechanism to determine when the desired permanent state of vegetation is achieved, nor does it indicate how long it will take for the vegetation to reach that state.