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Answer: This question is not specific to TR39, but applicable to reviews of interim monitoring reports and <br />annual reclamation reports. The site was seeded in 2003. Shrub transplants were planted on the <br />reclaimed portal area and coal refuse area in 2004 in accordance with the approved reclamation plan. <br />The operator committed to conduct vegetation monitoring three years after initial seeding (2006) and <br />seven years after initial seeding (2010). The operator complied with the monitoring requirement and <br />provided vegetation monitoring reports to the Division. The 2006 monitoring was conducted two years <br />after the shrub transplants were planted. Energy Fuels has not initiated interseeding of shrub species <br />into the establishing vegetation. <br />Interim monitoring, 2006 and 2010, provides the operator and the Division a tool to assess if the <br />reclamation is moving towards the required success standard. TR39 is not proposing a change in the <br />reclamation standard, but is proposing a change to one of the reference areas that the reclaimed areas <br />will be compared against at bond release. The operator is proposing a reference area that they believe <br />more closely represents the pre- disturbed community. <br />5. "Also the standard for warm season grasses has not been met. What can be done about this ?" <br />Answer: TR39 is not requesting bond release. Meeting the approved standards is applicable when the <br />operator is requesting bond release. Warm season grasses tend to require a longer time to establish <br />than cool season grasses. The 2006 interim monitoring reflects conditions present during the third <br />growing season. Additional time for the species to become established and large enough to be counted <br />during sampling is often adequate. <br />6. "Since we want to keep the pond, is there any mitigation that needs to be done now ?" <br />Answer: Pond 4 is located on the Vento property. At this time, Pond 4 has not been approved to remain <br />as a permanent pond. If the landowner desires to retain the pond as a permanent pond the operator <br />Energy Fuels will need to submit a revision to the permit to retain the pond as permanent in accordance <br />with Rule 4.05.6(7) and 4.05.9(13). The Division will also require a written letter from all applicable <br />landowners, clearly stating that they want the pond to remain. Provisions for sound future maintenance <br />for a permanent pond needs to be received by the Division in accordance with Rule 3.03.1(3)(c). <br />Comments from Landowner; Linda Saunders <br />Received: August 8, 2011, 12:16 pm via e -mail: <br />7. "There should be no change or expansion of the reference area for the Portal Area reveg." <br />8. "You will have to make sure that the Vento Portal Area is separate from the Corley reference area when <br />Kent does the comparison." <br />9. "The increase in rabbitbrush and even more sagebrush is awful for our grazing plan." <br />10. "Why are they testing Well 23 for dissolved solids and iron and sulfites if it doesnot [sic make any <br />difference." <br />Comments from Landowner; Linda Saunders <br />