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

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05/02/2002 16:06 4716922 EILAND LAW PAGE 04 The Plan states that Rio Grande will use a geotextile mesh containing a cover seed mix and fertilizer "or equivalent" means to revegetate the disturbed areas. However, the Plan fails to clarify what types of "equivalent" means Rio Grande will use if it does not use the geotextile mesh method. Moreover, the mine site currently contains a variety of plants. Rao Grande's Plan will not meet the criterion of a "diverse" vegetative cover if it only revegetates using three kinds of seed (see Exhibit E, E-2). Rio Grande plans to use only a total of 16 lbs. of pure live seed per acre. Mr. Jim Knopf, a landscape architect specializing in Rocky Mountain Xeriscape design, and a consultant to regional water boards, states that the grasses Rio Grande proposes to reintroduce should be sowed in at least 2-3 lbs. per 1,000 square feet. That means that the minimum grass seed per acre necessary to properly reclaim the site would be 86-129 pounds per acre. The Denver Water Department recommends these amounts. Rio Grande's plan must result in "the greatest probability of success." To reach this result, Rio Grande's permit must take into account biological factors such as appropriate seeding to accomplish a stable and diverse ground cover. The regulation states that the Operator must "consider environmental factors such as seasonal patterns of precipitation, temperature and wind; soil texture and fertility, slope stability, and direction of slope faces." In dry years only 9 inches of moisture may fall, and that may be in the form of snow in the winter. Exhibit K. on Climate, omits any mention of the severe winds that are prevalent in this area, especially in the winter and spring. These winds will cause erosion unless planned for, and will blow away seeds broadcast on the site before they can germinate. Rio Grande's Plan includes no methods for preventing wind erosion during revegetation. This is a particular problem that will occur between the times of replacing the surface soils, which will occur throughout the year, including fall and winter, and the time of revegetation, which will most likely occur in spring and summer. Fall and winter are times of tremendous wind in Pueblo County. Finally, Pueblo does not have "moist" air, and average humidity is not 35%. Temperatures often vary in extremes from high to low. This area is subject to glaring sun, a lack of trees to break the wind, and high summer heat. Average weather can result in 100% evaporation of summer rainfall in this and climate. Even though Rio Grande intends to plant native grasses that will ultimately subsist on rainfall, to get them established it must apply water. Otherwise, the plants will not germinate, although noxious weeds will have no trouble invading the area. Without water applications as needed until plants are established, Rio Grande's plan is the equivalent of "no plan," and will result in dust blowing from an ever-enlarging area. The regulations require that the Operator use methods of weed control for all prohibited noxious weed species. Rio Grande's plan does not address weed control at all. Without suitable weed control, noxious weeds will likely threaten the continued development of the desired vegetation, and will spread to newly reclaimed land or land in the first stages of reclamation, preventing seeded species from maturing. Exhibit E, paragraph 8, states that "revegetation with native species immediately following a disturbance lowers the risk of noxious weed occupation." This is true only if the seed is seeded in heavily and has total germination which depends on adequate soil quality, moisture, and a time to get established before the weed seeds do. If the native grass is not