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ENERGY, INC. A Subsidiary of Deserts G¢nerafion & Transmission Cooperative December 15, 2004 Mr. Jim Stark Colorado Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 RE~E~1~;~,~ DEC 2 0 2004 Division of Minerals and Geolr RE: Request for extension to addressing Revegetation Issues Revision Request Dear Jim: Blue Mountain Energy, Inc. requests that DMG extend the submittal date for submitting a revision as identified in your October 15, 2004 letter to April 30, 2005. We have reviewed the regulations and the issues identified in the letter and have a much different perception of the "immediately adjacent" reference azea fi_t with the quoted regulations. While the letter was left fairly vague each part of 4.15.7(3) is much better fit by the "immediately adjacent" concept than the traditional reference area the Division appeazs to be pushing. We feel that statements made in the letter implying that the "immediately adjacent" approach does not meet the reference area criteria of 4.15.7(3) are erroneous. While this approach has been explained to Mr. Dan Mathews and discussed in the permit in Section V.J.3(d) it is apparent that additional clarification will be necessary. In addition, from review of the regulations changes need to be made to the traditional reference azea approach, namely the proper selection of reference azeas per 4.15.7(3)(a) and their management per 4.15.7(3)(d). The current traditional reference azeas were selected [o represent the theoretical climax conditions of the areas to be disturbed. It is widely accepted that the disturbed azeas were not in climax condition prior to disturbance and influenced by [he invasion of cheatgrass as well as overgrazing. More representative sites should be selected to represent pre-disturbance conditions. In addition, BME was required to exclosure fence the current reference areas to ensure that they aze maintained in this climax state and not subject them to the approved postmining land use. BME agrees to submit a revision clarifying the sampling technique and statistical analysis for use with the "immediately adjacent" reference azea usage. Along with this revision changes need to be made to the traditional reference azea selection and management to comply with Section 4.15.7(3). We would like to meet with you and Mr. Mathews on site to discuss and select traditional reference area selection per 4.15.7(3)(a). Considering the season I would suggest setting up a meeting for the latter part of Mazch or the first part of April to make the selection. Sincerely, Scott Wanstedt 3607 coaaty)i~ironmental Engineer cc: Jeff Dubbert Rangely, CO 81648 970fi75-4300 Fos 970-675-4399