REV101791

• Permit No: C1980007
• IBM Index Class Name: Revision
• Doc Date: 6/21/1994
• Doc Name: WEST ELK MINE FILE C-80-007 TR 67 ADEQUACY REVIEW
• From: DMG
• To: CHRISTINE JOHNSTON
• Type & Sequence: TR67
• Media Type: D
• Archive: No

iii iiiii im ii ~;~

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources I~~~~
1313 Sherman Sf., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX. [phone]
DEPARTMENT OF
June 21, 1994 NATURAL
To: Christine Johnston RESOURCES
Roy Romer
y ~// Governor
From: Steve Shue 7/7 lames S. LOChheaA
ExKUri ve Dueclor
RE: West Elk Mine, File C-80-007, TR-67 Adequacy Review7Mi~naeiB.Eon~
Division Duxlor
Comments regarding MCC's responses to our second adequacy review
are as follows:
1. MCC states in their response, concerning a Grand Mesa
Penstemon survey required by the Division, that the potential
habitat range has been listed at 7200' to 9500' on a sandy
soil. The elevation of the storage bench is between 6290' and
6568 and has a clayey soil. Therefore MCC states that it is
reasonable to assume that the species is not likely to be
present in the proposed disturbance area.
Curiously, on April 25, 1994 MCC performed a survey for Grand
Mesa Penstemon in order to obtain approval of a revision (TR-
69) to install a new ventilation facility in Lone Pine Gulch.
This surrey area ranges in elevation from 5920' to 6870'+ and,
according to the slope stability evaluation provided in TR-69,
the soils are clayey. It would have been a minor effort for
MCC to have the same survey crew perform an additional survey
of the storage bench area while they were already on site.
Furthermore, why has MCC committed to perform a Grand Mesa
Penstemon survey on each surface area to be disturbed in
association with the Jumbo Mountain tract but continues to
argue against a survey of the storage bench area required by
the Division. MCC should perform this survey as required by
the Division or revise their plan such that the unsurveyed
areas are not disturbed.
I would like to take this opportunity to express my
professional opinion that the eradication of approximately 12
acres of a virgin Gamble's oak community for the sole purpose
of obtaining enough fill material to construct a storage bench
is grossly unwarranted. Not only is this habitat for numerous
flora and fauna but the mature vegetation and its associated
root structure provides stability and erosion protection for
slopes that are historically unstable. To disturb this
additional acreage when fill material can be obtained