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JUL-28-94 THU 15 ~ 04 • FAX N0, 303 94775 P, 04 ®RAFT The :[lock Creek area contains substantial areas of jurisdictional wetlands. Additional docurnentation is required in classification and mapping of the wetlands and subsequent handling of these by the Army Corps of Engineers if the wetlands are to be altered in any way. CERCLA T'he existing permitted acreage plus the 425 acre expansion azea are located on lands owned by the iJnited 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 (ClrRCLA). 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 ;iuperfund 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 costs. The EPA concerns must be satisfied prior to any further activity. See the attached letter dated June 15, 1994, for further explanation. Reclsuaiation The proposed reclamation plan may be inadequate to replace the habitat that may be destroyed during; the mining operation. The Buffer Zone lands in question have not been mined, grazed or occupied for recreauonal use in the last 45 years. The wetlands and shrub lands that may be affected by the proximity of the mining activities may not be reclaimable, and raining could represent an irreversible loss. Additionally, some ecologists believe that the biodiversity of the plant t:ommunity 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 considered unique or significant." This sweeping statement may not be accurate and may warrant further investigation. It is recommended that any re vegetation plan be coordinated with the EG&G Ecology Staff, who are working to develop reclamation standards for the Site, and have information resources available. Other Issues Jefferson County has requested that the Department of Energy sign the Western Aggregates rezone application. The Department has not been required to sign applications in the past. We have coordinated all Site internal resources with Western Aggregates on this matter and have determined that it is in the best interest of both parties for us to take anon-support, non-hindrance stance in order to protect the Federal Land and its resources. The Department of Energy is currently drafting a Memorandum of Understanding between DOE and Western Aggregates outlining a contractual agreement between the two parties governing the expansion of the mining operation in our buffer zone. Both DOE and WAI believe this to currently be the best vehicle to outline the parameters of the mining operation and to cover the interests and concern. We believe that the reclamation, hydrologic, enduonmental compliance and operational concerns should be included in the pemtit and enforced by the State of Colorado regardless of any surface agreements.