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William A. Bear <br />Page 4of9 <br />May 19, 2014 <br />14. Revised page 2.04 -58 includes a discussion of the possible impacts to surface water <br />features, and notes that Terror Creek is protected from the affects of subsidence by a <br />limited extraction zone. No mention of the West Fork of Terror Creek, which will not be <br />protected with limited extraction, is made. In accordance with Rule 2.04.7(3), please <br />provide a discussion of the potential impacts from the effects of subsidence on the West <br />Fork of Terror Creek. <br />15. Revised page 2.04 -63 indicates that the augmentation plan for replacement water will be <br />decreed. The permit revision application cannot be approved until the augmentation plan <br />(required by Rule 2.04.7(3)) has been provided to the Division. <br />16. Revised page 2.04 -119, water depletion and Section 7 summary will need to be updated <br />for Ponds D and J expansion plans, if they are approved prior to the approval of PR -14. <br />17. Map 09 will need to be updated once the final location of SW -12 has been determined, in <br />accordance with Rule 2.04.7(4)(b). <br />Rule 2.04.9 —Soils Resource Information <br />18. On the revised Map 4A -Soils — NRCS /USFS, soil unit 166 — Leroux -Seitz Complex, 5 to 40 <br />percent slopes is located in the northwest part of the permit area, west of Stevens Gulch <br />Road. This soil unit was not included in the discussion in section 2.04.9(1)(b) of the permit. <br />Please include a soil description for soil unit 166. <br />Rule 2.04.10 —Vegetation Information <br />19. Bowie Resources, LLC (BRL) has committed to collecting baseline data and designating <br />reference areas for the Spruce Stomp expansion area. A data collection plan has been <br />approved by DRMS and data collection is planned for late July or early August of this year by <br />Cedar Creek Associates, Inc. <br />20. As of this time, no baseline vegetation data has been submitted for PR -14 Spruce Stomp <br />expansion area for review. A complete review of the data will be done when it is <br />submitted. All the requirements of Rule 2.04.10 must be addressed before PR -14 can be <br />approved. <br />21. BRL has discussed the possibility of changing the vegetation community structure from that <br />of the pre- mining community for the success standard. This change in vegetation <br />community is allowed by Rule 4.15.7(3)(b)(iii). If BRL chooses to pursue this possibility, the <br />following points must be addressed: <br />a. Authorization is needed from landowners to change the vegetation type and waive the <br />shrub standard, Rule 2.05.5(2)(b), <br />b. Authorization is needed from Colorado Parks and Wildlife, Rule 4.15.8(7), and <br />