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Y <br />• <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />December 29, 1995 <br />To: <br />From: <br />Re: <br />Harry Ranney <br />Janet Binn <br />/~ <br />~" <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />James S. Lochhead <br />Executive Director <br />New Horizon Mine, C-81-008, Western Fuels-Colour®a3~.~o„s <br />responses to Technical Revision No. 28 Adequacy Conce~"Yi~'.Director <br />Z have reviewed Western Fuels-Colorado's responses to the adequacy <br />concerns I had identified in a letter dated November 28, 1995, <br />regarding Technical Revision No. 28. Western Fuels has addressed <br />the majority of the concerns I had identified in the November 28, <br />1995 letter. I have numbered the responses in the same format as <br />the original adequacy concerns. <br />1. Western Fuels proposes to eliminate hedgerow plantings between <br />pastures. This commitment was originally included in the <br />permit for wildlife habitat mitigation. References to <br />hedgerow plantings are found on pages 2.05.4(2)(e)-2 and 11, <br />as well as, 2.05.6(2)-1 and 4. Postmining land use has been <br />approved as irrigated pasture and dryland pasture, with no <br />designation for postmining land use of wildlife habitat. No <br />critical wildlife habitat was identified within the permit <br />area. <br />Although Rule 4.18(5)(j) calls for creation of hedgerows or <br />plantings in areas that will be returned to cropland, the <br />operator has stated that planting of hedgerows would be <br />inappropriate for the proposed crop management practices. <br />Reviewing the permit, it is unclear to me if there was a <br />specific concern identified either by DMG or by the Colorado <br />Division of Wildlife requiring mitigative measures for <br />wildlife habitat. If there was no specific need for the <br />hedgerows and the elimination of them is not counter to <br />recommendations of DOW, then DMG agrees with their <br />elimination. <br />2. Western Fuels response addressed the Division's concern. WF-C <br />has revised page 2.05.4(2)(e)-4 accordingly. <br />3. All responses to the items identified in concern number 3a-d <br />have been addressed. <br />e) Western Fuels presented an acceptable justification for <br />the inclusion of the three additional introduced species in <br />their Cover letter. The Division does not have a problem with <br />