2013-03-08_REVISION - C1981008 - Laserfiche WebLink

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Page 3 of 9 From the SL14 application, it appears the applicant fertilized the Reclaimed and Reference Areas in 2012, 2011, 2007 and 2006. Fertilizer does not appear to have been applied to these areas on an annual basis nor was the approved rate followed for the years these areas were fertilized. 2007 Management Practices Another problem was identified in the Reclamation and Management portion of the SL 14 application. In the Management Practices Utilized in 2007 section of the application, the applicant makes an argument that lands where additional topsoil was added during 2007 should not restart the liability period for these areas. Rule 4.15.7(5) discusses what are considered normal husbandry practices that will not reinitiate the liability period. The applicant argues the work conducted in 2007 to apply additional topsoil to the specified area falls under subpart (a) of the above cited rule for repair of rill and gullies of limited areal extent and thus should be exempt from re- initiating the liability period of this acreage. However this rules goes on to say that rill and gully repair work which does not result from deficient surface drainage design or implementation is a normal husbandry practice. The applicant indicates the area in question was required to have additional topsoil added to certain areas of this parcel to fill in small depressions that formed due to settling of backfilled areas to ensure they possessed positive drainage. Given this, it would appear the work was completed to correct a deficiency in surface drainage and thus should not be considered a normal husbandry practice and should re -start the liability_ period for the parcel in question. Documentation of Successful Revegetation, Phase II Bond Release Auulication: The applicant requested a 16.2 and a 10.6 acre parcel to be approved for Phase II bond release within the SL14 application. These areas are depicted on Map R -1. Vegetation sampling conducted for the Irrigated Pasture Reclaimed areas under review for Phase II bond release were conducted on August 25, 2008. Sampling of the Reference area was conducted from June 2 to the 10, 2008. Section 2.05.4(2)(e), subsection 4.5 of the permit indicates sampling of the Reference Area and the Reclaimed Area were to be sampled a single time during late May to early June immediately prior to 1St cut harvest of the reclaimed fields, with both areas to be sampled within a 7 day time frame. Sampling of the reclaimed area was not conducted within the 7 day time frame window of when the reference area was sampled. Also, the reclaimed area was not sampled in late May to early June as committed to in the permit. The sampling for revegetation success criteria for the Phase II bond release areas was not conducted in accordance with the permit in regards to the time frame of sampling. Also, it cannot be ascertained from the management histories submitted with the application and a review of the annual reclamation reports that the reference area and the reclaimed areas received the same management during the year they were sampled for bond release purposes (2008). Given this, the Division cannot approve Phase II bond release for the parcels in question. Documentation of Successful Revegetation, Phase III Bond Release Auulication: The applicant requested six parcels of Reclaimed Irrigated Pasture to be approved for Phase III bond release. These areas are depicted on Map R -1 included with the SL 14 application and are identified as Areas 1 to 6. The first year and second year of vegetation sampling for Areas 1, 2 and 3 were conducted in 2011 and 2012 respectively. The first and second year of revegetation sampling for Area 4 was conducted in 2008 and 2009 respectively. The first and second year of revegetation sampling for Area 5 was conducted in 2009 and 2010 respectively. The first and second year of revegetation sampling for Area 6 was conducted in 2010 and 2011 respectively. The Phase III portion of the application is broken up into sections discussing the results of the revegetation sampling that was conducted for each of the years. Appendix 1 of the SL 14 application consists of each of the revegetation monitoring reports for each year of sampling.