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<br />"Area(s) of access road from the north end of County Road #59 to the area of mining...", because <br />it is, in fact, a wart of the north end of County Road #59. <br />3.1.4 Stipulation No. 5.- page 12. "... submit an Annual Hydrology Report by January 30...", <br />and Stipulation No. 17.- page 12. "... submit to the Division by January 30 of each year an <br />annual report ...". Tn various conversations with previous Environmental Protection Specialists <br />working with this Mine, they made note that the time-frame requirement for CEC's annual <br />submittals contradicts the Division's previously recognized deadline for these submittals (February <br />15th). (It is noted, with some curiosity, that at least with respect to an annual hydrology report, the <br />Division's regulations now call fora, "date of submittal determined in consultation with the <br />pernrittee".) CEC is of the opinion that by the time data is available and tabulated, laboratory <br />analyses are completed and text is developed to provide some form of continuity, the earliest <br />practical date for a report to be submitted is Febmary 15th, and a more likely target would be mid- <br />March. This is an issue which CEC would like to discuss further with the Division. <br />3.1.4 Stipulation No. 24-page 12. "Laboratory analysis will consist of Saturation Extracts <br />and E.P. Toxicity Tests for each sample." It is CEC's understanding that the referenced tests <br />have, subsequent to the development of Stipulation No. 24, been replaced by the Toxics <br />Characteristic Leaching Procedure (TCLP). This is the sampling parameter which has been used <br />by CEC since its introduction, without question or concern being raised by the Division. <br />3.1.4 Stipulation No. 29. (Minor Revision No. 30 submitted 8/27/97) This added stipulation <br />requires CEC to update the permit with respect to threatened and endangered species which might <br />be encountered within the permit area. It is CEC's position that this requirement exceeds the <br />authority granted the Division by CRS 34-33-110(8), CRS 34-33-114, CRS 34-33-120, Rule <br />2.04.11, Rule 2.05.6(2) and Rule 4.18(2); and the requirements of the U.S. Fish and Wildlife <br />Service which only requires an initial search be conducted prior to the first permitting action <br />(confirmed through communication with Mr. Lee Cazlson, Field Supervisor (1997)). <br />3.2.3 Resource to be Mined- page 15. "... fly ash imported from a CEC power plant ..." It <br />should be recognized for the record that CEC does not now own, nor did it ever own the power <br />plant located on "Coors" property in Golden. Coors Brewing Company did own such a plant, but <br />sold it in 1995 to an independent power producer (Trigen-Colorado L.L.L.P.), retaining agreements <br />for the purchase of steam and electricity, in addition to providing for ash disposal from the facility. <br />3.2.5 Surface and Ground Water- page 15. "... to Ennis Draw, an ephemeral drainage located <br />along ...." Ennis Draw is more properly described as a topographic Swale, as no surface water <br />drainage channel exists in Ennis Draw. <br />3.2.7 Vegetation, Wildlife and Land Use- page 16. [Paragraph 2-general[ CEC's objection to <br />Stipulation No. 29 has been noted in earlier comments (above). <br />[Paragraph 3-general[ The CDMG has specified the land capability class for soils at the <br />Keenesburg Mine as Vle for dryland farming and [V for irrigated fanning. Since the capability <br />classes are soil series specific this is anover-simplification of the actual condition. Valent soils <br />have a capability of Vle for both irrigated and non-irrigated conditions. This classification is <br />described by the NRCS as, "soils [having]severe limitations that make them generally unsuitable <br />for cultivation" due to erosion. Osgood soils have capability classes of [Ve for irrigated crops and <br />