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~ii~ iiiiiii~niiiiii~ 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanmenl of Na(ural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (30.31 866-35ti7 FAX: 13031832-8106 Date: April 18, 1994 To: Christine Johnston From: Steve Shuey~ss Re: West Elk Mine, Permit No. C-80-007 TR-67 Adequacy Review I~~~~ DEPARTMENT OF NATURAL RESOURCES Rov Romer Guvemrrt ken Salazar E~cunive DueUO! nLChar•I B. LwrB Division Diredur I have reviewed MCC's responses to the vegetation, soils and wildlife concerns regarding the TR-67 application. I have listed my responses below in the order that the original adequacy comments were numbered. 1. If any areas that are to be disturbed have not been surveyed for Grand Mesa Penstemon, as requested by BLM, USFWS and DMG lin past and/or current MCC permitting actions), then a thorough survey of these areas should be conducted. In many cases, once a species is listed as Threatened or Endangered lT&E), it is too late to save the species. When a species reaches the critical stage where it is considered a candidate for the T&E list, it is most important to begin careful and thorough survey, inventory and management processes to protect the species. 2. MCC should either settle on a definite plan of how the light use road section will be reclaimed (reclaimed or converted to a ditch) and provide details of the reclamation or conversion process, or they should give us details for both plans so we can review and issue a decision on both plans. The Division requested, in the preliminary adequacy review, details for the light use road reclamation. MCC responded with generalities. Please have MCC specify whether the road will be reclaimed as per approved reclamation procedures for disturbed areas as described in their permit. If not, they must give specifics including, but not limited to, topsoil depth, ripping depth, mulch and seed application processes and rates, seed mix, fertilizer types and amounts. 3. If MCC plans to use the cleared shrub material for any purpose, rather than dispose of it, specific details of their plans should be submitted to the Division for review. 4. Response acceptable. 5. As stated in the preliminary adequacy review, MCC should not begin topsoil salvage procedures for the construction of storage bench until soil moisture is below 75 percent of field capacity, unless they can demonstrate that the topsoil can be handled at a higher percentage of moisture content without significant compaction or soil degradation.