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III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: 13031 866-3567 <br />FAX: (3031832-8106 <br />M E M O <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Date: July 19, 1994 Roy Romer <br />Governor <br />To: Christine Johnston Tames S. Lochhead <br />Eaecwive DueUOr <br />.i Michael B. Long <br />From: Steve Shuey j Division Director <br />RE: West Elk Mine, File C-80-007, Midterm Review Responses. <br />Below are my responses to the vegetation soils and wildlife <br />concerns raised in the West Elk Mine midterm review. <br />Please see me if you have questions. <br />I recommend MCC start vegetation sampling in year three after <br />seeding. MCC should realize that if they wait four years <br />after initial seeding before sampling, they are greatly <br />reducing their window within which, pursuant to Rule <br />4.15.7(5), they can perform limited interseeding, augmented <br />weed control, rill and gully repair, fertilization or <br />irrigation without restarting their ten year reclamation <br />liability period. They are allowed to perform these tasks <br />until the end of the fifth growing season without restarting <br />their liability period. <br />Rule 2.05.4(2)(e)(v) specifies that the revegetation plan <br />contained within the mining and reclamation permit application <br />contain a DESCRIPTION of any "pest and disease control <br />measures" to be employed. It is the Division's opinion that <br />the specifics requested, under this concern in the midterm <br />review adequacy comments, are part of a thorough DESCRIPTION. <br />Therefore, because of West Elk Mine's proximity to the North <br />Fork and Sylvester Gulch, the Division requires this <br />information to be provided as stated in the midterm review. <br />The Guidelines are the Division's interpretation of what <br />information is necessary to ensure that a mine is in <br />compliance with the Act and Regulations. The Guidelines are <br />based on the requirements of the Act and Regulations. <br />The Division asked MCC to provide average topsoil stripping <br />depths, for each soil type, which were realized when they <br />stripped areas of the mine. This information was requested <br />because there appears to be a shortage of topsoil when <br />