2012-05-04_REVISION - C1980006 - Laserfiche WebLink

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TR -25 SUPPLEMENTAL INFORMATION Kerr Coal Company (KCC) submitted a request to modify the current Revegetation Success Criteria for species diversity to more accurately reflect the vegetative conditions found on the Alkali Sagebrush Reference Area at the Marr Mine and for the Tipple Reference Area found at the Kerr Tipple. The Colorado Division of Reclamation, Mining and Safety (DRMS) responded to this initial request in a letter sent to Mr. George Patterson of KCC on November 20, 2011 by saying that: The Division is unable to accept this revision for reclamation success comparison. Rule 4.15.7(5) specifically states, `The revegetation success criteria, as defined in relevant subsections of 4.15, shall be met for at least two of the last four years of the liability period.' Successful species diversity is one of the relevant subsections (Rule 4.15.8(5)) requiring the success criteria to be met for two years. KCC needs to revise this portion of the proposed success criteria to agree with Rule 4.15.7(5). The purpose of this submittal is to revise the originally proposed species diversity success standard. Subsequent to the receipt of this response, discussions between the KCC's vegetation consultant and Ms. Janet Binns, have clarified what the concerns of the DRMS are regarding this matter. It is our understanding that the DRMS interprets Rule 4.15.7(5) as requiring that species diversity calculations must be taken during each of the final two years of final bond release revegetation monitoring, similar to how pant cover and forage production must be collected from the approved reference area and revegetation area during each monitoring period. With this understanding, we are herein proposing an approach which in our opinion more closely complies with the directions found in the regulations which places emphasis on the value of the post - mining land use and according to Rule 4.16.1 requires that "all areas affected by surface mining operation shall be restored ... to higher or better uses." Our interpretation of the "uses" requirement strongly implies that the post- mining land use aspects should take preference in the planning and ultimate approval of the revegetation efforts over the mere comparisons of plant cover or production aspects as they relate to "species diversity." Rule 4.15.8(5) specifically requires "that adequate species diversity" must be "achieved on the revegetated area. Such techniques may include, but are not limited to, diversity indices, and/or comparisons of species composition (based upon cover or production) between the reclaimed area and the undisturbed area." KCC proposes an approach to "species diversity" that is consistent with Rule 4.15.8(5) in that it compares the species composition between the "reclaimed area and the undisturbed area" not from an ecological approach but from a "use" prospective. As defined by Rule 1.04(71), 'Land Use' means specific uses or management related activities rather than the vegetation or cover of the land." This definition clearly establishes that "uses" and "vegetative or cover of the land" are not the same thing, but are different components of the reclamation process. KCC, therefore, believes that the "one solution approach" to "species diversity" using only plant composition data, is contrary to the land use definitions and is inconsistent with Rule 4.16.which requires that all reclaimed areas shall be restored "to higher or better uses" not merely to arbitrary revegetation species composition success criteria. The approved post- mining land use of both of these reclaimed areas is that of "rangeland" which is defined in Rule 1.04(7)c as "land on which