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Michael Boulay May 21. 2008 <br />CAM: The Operator agrees to build a new drift fence that will tie into the rock <br />cliff east of the sediment pond, and then dead end at the deeply incised McClane <br />Creek. <br />Rule 2.05.6(1) Air Pollution Control Plan <br />50. DRMS: Permit section 4.7-1 "Air Quality Plan" has not been amended to <br />address measures that will be taken in association with TR- 16 proposed coal <br />mine waste disposal and associated facilities. <br />Please update permit section 4.7-1 to incorporate measures associated <br />with TR-16 proposed activities and demonstrate compliance with 2.05.6(1). <br />In addition, submit any necessary new air quality permits, permit <br />modifications, or applications for such required permits or modifications, <br />for inclusion in Appendix E. <br />CAM: Please see revised page 4-79. <br />Rule 2.05.6(2) Fish and Wildlife Plan <br />51. DRMS: Please refer to the enclosed comment letter from the Office of <br />Surface Mining Reclamation and Enforcement (OSM). OSM has identified <br />Threatened and Endangered Species related concerns with regard to increased <br />pond evaporative losses associated with the proposed new sediment pond, and <br />possible impact of proposed new disturbance on the threatened Uinta Basin <br />hookless cactus (Scierocactus glaucus). <br />Please address these concerns and provide a response and updated <br />Appendix "P" Water Consumption Estimate (if necessary) as soon as <br />possible, to allow OSM to initiate formal consultation with the U.S. Fish and <br />Wildlife Service (UJSFWS) if they determine such consultation is <br />warranted. <br />CAM: Please see revised Appendix P. As shown, the new pond reduces the <br />evaporative loss previously shown and approved in the permit. <br />52. DRMS: Please refer to the enclosed comment letter from the Colorado <br />Division of Wildlife (DOW). DOW's concerns focused on water quality impacts to <br />East Salt Creek, and possible hazards to wildlife associated with the proposed <br />sediment pond. <br />20