PERMFILE102369

• Permit No: C1981011
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: RULE 2.05.4 RECLAMATION PLAN
• Media Type: D
• Archive: No

May 11, 1998
u
Matthew S. Hayes
Hayes Environmental Services, [nc.
300 Lafayette St.
Denver, CO 80218
[phone]
Mr. Greg Lewicki
Greg Lewicki & Associates
1645 Court Place, Suite 309
Denver, CO 80202
RE: Apex Mine (C-81-O1 I ); 1998 Technical Revision Regarding Vegetation Success
Standards.
Deaz Greg,
•
[ have examined your 1998 correspondence with Patrick Davey of Natural
Resources Conservation Service (Steamboat Springs). I agree with your concern
regarding the high standards that presently apply to the Valley Bottom community and
with Mr. Davey's recommendation that those standards be reduced. In his April 15,
1998 letter, Mr. Davey recommended that the production standard be lowered from
3500 pounds per acre to 500 - 700 pounds per acre. Mr. Davey also recommended
that the cover standard be lowered to a value between 40 and 45%. 70% cover seems
unattainable from my experience with the site. The data I collected from the site (only
five randomly selected transects) indicated that the perennial vegetative cover was less
than 33% and that total vegetative cover was under 35%. Seeding or planting shrubs
on the site would be one of the best ways of increasing the cover on the site, especially
considering the small amount of topsoil that was imported. However, because the
landowner is understandably opposed to the use of shrubs on the site, this is not an
option.
No reference area was established for the Valley Bottom community, and the
information upon which the present standards are based does not necessarily reflect
the conditions at Apex. The most logical rule under which to apply for a change of the
standard would be 4.15.7 (d)(ii). In this instance, the technical document upon which
the standards would be based would be Mr. Davey's letter recommending changes in
the standards. This letter should be an acceptable technical document since it is based
on Mr. Davey's years of experience with vegetation in the general area and since he is
an employee of the United States Department of Agriculture, which is specifically
cited in the rule.
In light of the above, I would recommend the following changes:

Request a reduction in the cover standard so that it is equivalent to the
standard of the Hillside cornmunity. Thus, the cover standard would be 4l%. This
amount would still fulfill the postmining land use of grazing.

I1F:C 2 1 1998