2014-07-11_REVISION - C1996083 (2)

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Susan Burgmaier -6- July 10, 2014 20. DRMS - As of this time, no baseline vegetation data has been submitted for PR -14 Spruce Stomp expansion area for review. A complete review of the data will be done when it is submitted. All the requirements of Rule 2.04.10 must be addressed before PR -14 can be approved. BRL - Rule 2.04.10 requires underground mines to delineate plant communities within the area to be affected by surface operations or facilities, and within any proposed reference area(s). There is currently no proposed distrubance in the Spruce Stomp expansion area. Therefore, no vegatation work is required by the Rules. 21. DRMS - BRL has discussed the possibility of changing the vegetation community structure from that of the pre- mining community for the success standard. This change in vegetation community is allowed by Rule 4.15.7(3)(b)(iii). If BRL chooses to pursue this possibility, the following points must be addressed: a. Authorization is needed from landowners to change the vegetation type and waive the shrub standard, Rule 2.05.5(2)(b), b. Authorization is needed from Colorado Parks and Wildlife, Rule 4.15.8(7), and c. A reference area needs to be identified, mapped, sampled and a discussion as to how the area will be managed, per Rule 4.15.7(3)(b)(ii). BRL - Comment noted. Rule 2.04.11- Fish and Wildlife Resources Information 22. DBMS - It is stated in the discussion that current plans may include undermining the West Fork of Terror Creek and that subsidence affects will be minimal on the threatened greenback cutthroat trout. This summary is very limited in scope and does not adequately address the requirements of Rule 2.04.11. Please include a discussion of the fish and wildlife and their habitats within the Spruce Stomp lease area and where effects on such resources may reasonably be expected to occur. To characterize the Greenback Cutthroat Trout population and habitat, it would be helpful to include the West Fork Terror Creek 2012 Fish Population and Macroinvertebrate Sampling Results as an attachment to the permit. BRL - The 2012 West Fork Terror Creek 2012 Fish Population and Macroinvertebrate Sampling Results are included in Appendix E of the WWE study report which will be incorporated into the permit in new Volume IIIB, Tab 23. The fish sampling data was summarized on pages 2.04 -118 and 119. 23. DRMS - On page 2.04 -118, it is stated that the USFWS identified 12 species as endangered, threatened, or candidate under the Endangered Species Act that may occur in Delta County. Please identify the species and the 19 other sensitive species with the potential to occur in the Spruce Stomp Lease as required by Rule 2.04.11(4). Has an on-