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Mr. Roy Karo <br />C- 1992 -081; TRIO, RN4 <br />Adequacy Review No. 3 <br />Page 2 of 2 <br />The Division understands the concept of raising annual small grain crops and Rule 4.15.9 describes how <br />revegetation success will be judged for croplands and addresses the flexibility needed for annual grain <br />crops. Rule 4.15.7(2) requires that each revegetation plan include a description of measures proposed to <br />be used to determine the success of revegetation and that such a description shall contain the applicable <br />success criteria discussed in Rule 4.15.9 for cropland. <br />Please submit a revegetation plan for the cropland area to be included in the Tab 20 text to comply with <br />Rule 2.05.4(2)(e). This plan must include a description of the measures proposed to be used to determine <br />revegetation success in accordance with Rule 4.15.7(2) and Rule 4.15.9. Or, if you would like to submit <br />this information in a future revision prior to phase II and/or phase III bond release for the Tie Across Haul <br />Road, the Division will add a stipulation to the approval of TRIO. The stipulation will require the <br />revegetation plan to be revised to include the information discussed above prior to Hayden Gulch <br />Terminal submitting a phase II and/or phase III bond release application for these areas of the Tie - Across <br />Haul Road. <br />Adequacy Review No. 2 Response Review <br />Items 2 and 3 of the Division's second adequacy review were not addressed. It appears the question of <br />subsurface /mineral ownership was discussed during the review of PR1, and should have been complied with at <br />that time. Given Rule 2.10.3, the information requested in regards to subsurface ownership needs to be submitted. <br />The items from the Division's second adequacy review letter are listed here and must be addressed: <br />Rule 2.10.3; Subsurface Ownership <br />4. Rule 2.103 (1)(a) requires that each permit application contain a map of all boundaries of lands and names <br />of present owners of record of those lands, both surface and subsurface, included in or contiguous to the <br />permit area. Exhibit 3 -1 depicts the surface ownership of the land within and adjacent to the permit area <br />including the Tie - Across Haul Road. However, Exhibit 3 -2 depicts the mineral ownership of only the <br />original Hayden Gulch Loadout site and does not include the Tie - Across Haul Road. As the Tie - Across <br />Haul Road area is part of the permit area, please submit a revised map depicting the subsurface ownership <br />of all the lands included in and contiguous to the permit area. <br />5. Either on the map discussed in item 44 above, or within Tab 03, please provide a list of the number of <br />acres within the permit area that are owned by each of the subsurface owners. <br />The current decision date for the RN4 application is July 31, 2013. The decision date for TRIO is July 31, 2013, <br />if you need additional time to address the Division's concerns please submit a request for an extension of the <br />decision dates. If you have any questions, please feel free to contact me. <br />Sincerely, <br />i <br />Jared Ebert <br />Environmental Protection Specialist <br />DRMS <br />