2011-06-27_REVISION - C1981014 (2)

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Binns, Janet From: Linda Saunders [saunders615 @live.com] Sent: Monday, June 27, 2011 12:21 PM To: Binns, Janet Subject: K2T response to TR39 To:Janet Binns, Environmental Protection Specialist From: K2T LLC, Linda Saunders and Tena Gallagher South Central LLC concurs REFERENENCE AREA -A "reference area" means a land unit maintained under management approved by the Division for the purpose of measuring vegetation, ground cover, productivity and plant species diversity that is produced naturally. That is why the call it re- vegatation.The original portal reference area meets that criteria- Maintained under management for the purpose of measuring vegetation, ground cover, productivity, and plant species as the standard to compare the revegetation. The "reference area" represents the geology, soil, slope and vegetation in the portal area. Rule 4.15.7(3) (b) states that the Permittee must demonstrate _prior to any mining activity that the predisturbance areas and reference areas are "statistically...comparable to its equivalent area to be disturbed in terms of vegetative cover and herbaceous productivity..." THe change that is allowed should occur at the beginning of the revegetation period Year 1 and not Year 7 or 8, when the mining company is going to request a release of their $366,000 bond. NEW REFERENCE AREA -The new reference area is not comparable because it has been disturbed and the vegetation effected by the Vento Refuse Pile Reclamation and drainage. THe new reference area isn't the same grade or aspect, nor have the PPJ (ponderosa pine, pinion, and juniper mix). The new reference area does not have any ponderosa and fewer junipers than the existing area 5% frequency for ponderosa pine and 10% frequency of juniper compared to 10 %. The current portal revegation is predominately rabbit brush. Many of the seeding trees are dead because they were not watered or protected from wildlife browsing. A stand of mature ponderosa from seedlings does exist and can be seen along I -25 at the Monument exit. They did not have supplemental water and it is totally flat. This is app. the same elevation as the mine and shows it can be done. The soil that was used was what was there and should support trees. There was a hill at the portal area when Energy Fuels started mining. The current area is small, so expand it and survey. The new area is only 1.78 acres. TREE STAND- The new area does not meet any of the criteria and is too late in the revegetation process to change. If you reference a 1980 map- pre- mining rea, you can see the vegetation compared to the latest aerial map I have from the SCSC. Maybe Keenans statistics were incorrect. But we can assume the tree count is correct of trees per acre based on the actual count of the reference area :25 trees(Kennan- 1980) What is the revegetation number of survivng seedling trees per acre at the portal? All the vegetation reports I have read from the Division, since the revetation clock started have stated this site has lacked diversity. My neice is getting her master's in revegation at Oregan State University. She stated that instead of meeting the Divisions regulation of revegetation to the original vegetation which can support trees, the mining company is going for a functional revegetation. Lets not make revegetation standards be whatever grows on the site. CONCLUSION -NO CHANGE IN PORTAL REFERENCE AREA SHOULD OCCUR AT THIS TIME. IT IS TOO LATE IN THE REVEGETATION PROCESS. It is the property owners conclusion that the portal area revegetation is unacceptable. Work and money needs to be spent to bring it up to standard. It does not meet the standards. If the invasive species have not controlled (rabbitbrush), they need to be removed or tilled up. New seedling trees, ponderosa grouped with a f.ew juniper and pinyon. The bond ensures that the revegetation is done properly or can be done, if the mining company does not do it. We need to know the survival rate of the trees, shrubs, and grasses for the revegetation compared to the existing portal area reference area and the refuse pile reference area. Surely, Kent Crofts did that last year when he was on site. Since none of the property owners live in Fremont County and two are out of state, please send any reports, revisions, etc. to the property owners via mail. 1 53w--k.,t_U i t\ 3c) L0." o- fY &r Ccryv-% m -.-4$