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JUL-29-94 FRI 15;32 • FAX N0. 303 96~ 775 P, 04 „ . CE]iCLA The existing permitted acreage plus the 425 acre expansion azea are located on lands owned by the United States Department of Energy, Rocky Flats. The whole of the Site is listed on the National Priority List for the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). As a natural resource trustee under CERCLA, the Department of Energy is required to manage the resources wisely. The Environmental Protection Agency has consistently stated that it is the Department of Energy's responsibility as the owner of the Rocky Flats 5uperfund site and as party to the Interagency agreement to ensure that any activity does not result in an unacceptable risk to human health or the environment by spreading existing contamination, does not interfere with ongoing CERCLA response activities and does not result in increased response coats, The EPA concerns must be satisfied prior to any further activity. See the attached letter dated June 15, 1994, for further explanation. Reclamation The: proposed reclamation plan may be inadequate to replace the habitat that may be destroyed during the mining operation. The Buffer Zoae lands in question have not been mined, grazed or occupied for recreational use for many years. The wetlands and shrub lands that may be affected by the proximity of the mining activities may not be reclaimable, and mining could represent an irreversible loss. Additionally, some ecologists believe that the biodiversity of the plant conununity on the plateau could not be duplicated by the current proposed plan. Exhibit J of the permit states "The vegetation resource on the property is not constdered unique or significant." This statement may warrant further investigation. It is recommended that any re-vegetation plan be coordinated with the EG&G Ecology Staff, who aze working to develop reclamation standazds for the Site, and have information resources available. Outer Issues Jef:Cerson County has requested that the Department of Energy sign the Western Aggregates rezone application. The Department has not been required to srgn applications in the past. We have determined that anon-suppor4 non-hindrance stance in order to protect the Federal Land and its :resources is the best course of action. Th~a Department of Energy is currently drafting a Memorandum of Understanding between DOE anti Western Aggregates outlining a contractual agreement between the two parties governing the expansion of the mitring operation in our buffer zone. Both DOE and WAI belteve this to ewrently be the best vehicle to outline the pazameters of the mining operation and to cover the inUarests and concern. We believe that the reclamation, hydrologic, environmental compliance anti operational concerns should also be included is the permit.