2013-07-31_REVISION - C1992081 (2)

Home Browse Search

Mr. Roy Karo C- 1992 -081; TRIO, RN4 Adequacy Review No. 4 Page 2 of 3 Tab 20; Revegetation Plan 3. In regards to the areas to be revegetated to cropland within the Tie Across Haul Road corridor; the response to item #6 of the Division's first adequacy review letter does not address the permit deficiency the Division noted in that item. Rule 2.05.4(2)(e), includes the requirements necessary for a revegetation plan that must be included within a permit. Tab 20 does not include a plan for revegetation for Cropland. Rule 4.15.1(2)(c) indicates if the approved post mining land use is cropland, planting of the crops normally grown in the area will meet the requirements for establishing an effective and permanent vegetation cover on the disturbed land. The Division does not object to using small grains to reclaim these areas, but there needs to be a revegetation plan for these areas that meets the requirements ofRule 2.05.4(2)(e). The Division understands the concept of raising annual small grain crops and Rule 4.15.9 describes how revegetation success will be judged for croplands and addresses the flexibility needed for annual grain crops. Rule 4.15.7(2) requires that each revegetation plan include a description of measures proposed to be used to determine the success of revegetation and that such a description shall contain the applicable success criteria discussed in Rule 4.15.9 for cropland. Please submit a revegetation plan for the cropland area to be included in the Tab 20 text to comply with Rule 2.05.4(2) (e). This plan must include a description of the measures proposed to be used to determine revegetation success in accordance with Rule 4.15.7(2) and Rule 4.15.9. Or, if you would like to submit this information in a future revision prior to phase II and /or phase III bond release for the Tie Across Haul Road, the Division will add a stipulation to the approval of TRIO. The stipulation will require the revegetation plan to be revised to include the information discussed above prior to Hayden Gulch Terminal submitting a phase II and /or phase III bond release application for these areas of the Tie - Across Haul Road. a. Response /status: The response letter indicates that revegetation success criteria have been defined for cropland and are included in Tab 20. The permit currently does not include this information; however included with your response letter was revised pages 13 and 13a of Tab 20. Revegetation success information for cropland is proved in these proposed revised pages. However, the revegetation plan has not been updated for the cropland area. Rule 4.15.7(2)(d)(11) requires the Director of the Office of Surface Mining Reclamation and Enforcement or their representative to approve the use of USDA technical documents to derive the proposed success standard. Based on our telephone conversation today (July 30, 2013), it appears that Hayden Gulch Terminal would prefer not to update the revegetation plan/revegetation success standards for the cropland area at this time and would prefer to stipulate the approval of RN4 /TR10 as discussed in item 43 above. Given this, the Division will not approve the submitted revised pages 13 and 13a of Tab 20. If you concur with this proposed action, please indicate that in your next response letter. Adequacy Review No. 2 Response Review Items 2 and 3 of the Division's second adequacy review were not addressed. It appears the question of subsurface /mineral ownership was discussed during the review ofPRI, and should have been complied with at that time. Given Rule 2.10.3, the information requested in regards to subsurface ownership needs to be submitted. The items from the Division's second adequacy review letter are listed here and must be addressed: Rule 2.10.3; Subsurface Ownership