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,~-• <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Na[ural Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: 1303) D66-3567 <br />FAX: (303) 832-8106 <br />July 13, 1999 <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />ftECLAM ATION <br />MINING•SAFETY <br />James A. Kiger sill ovens <br />Senior Environmental Engineer cOVefOOf <br />Colowyo Coal Company L.P. E e~°~i~e o~ e«°r <br />5731 State Highway 13 Michael B. Long <br />Meeker, Colorado 81641 Division Director <br />Re: Colowyo Coal Co L.P. (Colowyo), Proposed Baseline Soils and Vegetation Protocol for the <br />South Taylor Area <br />Reference: Colowyo Coal Company L.P. letter of May 27, 1999, Re: same as above <br />Dear Mr. Kiger: <br />The proposed baseline monitoring proposal outlined in the referenced letter and at the meeting at <br />Frisco on June 28, 1999 demonstrates considerable thought and should provide substantial <br />information for evaluation of impacts to soils and vegetation. A number of questions have been <br />developed during our review, and are presented below. <br />Item 1. The proposed protocol includes no sampling of the aspen or the juniper communities. If <br />the juniper community (approximately 10 acres) is not to be disturbed, then the Division of <br />Minerals and Geology (Division) concurs with the proposal. However, a description of the aspen <br />community, which will be disturbed, is required by Rules 2.04.10(4). The application of Rule <br />2.04.10(4) was refined by the "Guidelines for Compliance with Land Use and Vegetative <br />Requirement", dated October 1988, developed by the Division. The guidelines allows for relief <br />of quantitative baseline sampling of vegetative communities "whose total aggregate area <br />occupies less than 5% of the permit area or less than 10 acres, whichever is smaller". The aspen <br />community encompasses approximately 175 acres within the proposed disturbance azea. The <br />rule does not provide relief based on postmining use. <br />Item 2. Woody plant density baseline data is required for the sagebrush and mountain-shrub <br />communities [Rule 2.04.10(4)]. <br />Item 3. The study plan addresses existing reference azeas. The vegetation map (no drawing <br />number) submitted with the study plan indicates asagebrush -grassland reference area in the <br />NW '/o of Section 30. The proposed reference area is not within the expanded Permit boundary. <br />Colowyo would need to demonstrate that it has control over the reference area to comply with <br />the requirements of Rule 4.15.7(3). <br />