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The true enforcement power that lies with the Division is the granting or denial of Phase III bond <br />release. It is in Colowyo's interest to do everything in our power to ensure the timely achievement <br />of the criteria set forth within this submittal to achieve Phase III bond release in a timely manner. <br />Within reason is it not in Colowyo's interest to limit the reasonable, practical application of all the <br />operational tools at our disposal to commit to a plan that essentially would erase the potential <br />12.5 foot (one-half contour interval) flexibility currently in place for backfilling and grading <br />activities. <br />Section 2.05 has been amended to better describe Colowyo's plan for achieving dramatic <br />variations in topsoil depths regarding both the original permit and the South Taylor expansion <br />areas. <br />Again, Colowyo believes it is impractical to put forth plans destined to be a constant source of <br />modification with respect to the mapped potential locations of soil fences, contour ditches and the <br />like. Section 2.05 has been amended to better describe the criteria when and where these <br />practices will be implemented. New permit map 44 identifies the areas within the original permit <br />and South Taylor Expansion area that will be specifically evaluated for the establishment of <br />sagebrush steppe habitat areas. Section 2.05 has also been amended to clarify Colowyo 's intent to <br />primarily gradually increase topsoil thickness from the ridge tops to the valley bottoms across the <br />post 2008 reclamation areas. <br />4. A reclamation strategy that was discussed with the operator but which was not included in the TR-72 <br />submittal would involve special handling of select overburden material such as scoria rock or <br />overburden zones dominated by sandstone, for replacement as surface or near surface growth medium in <br />certain locations. The rationale would be to provide conditions favorable for the growth of shrub <br />species such as mountain mahogany, bitterbrush, serviceberry, and other species that are adapted to <br />extremely rocky soils or thin soils over fractured sandstone. <br />Please include this strategy in the reclamation plan, as an additional shrub/diversity enhancement <br />measure to be employed in select locations. <br />Colowyo's Response: <br />At present, Colowyo politely declines to add a procedure to the reclamation plan that <br />specifically calls for expensive special handling of select overburden materials for an unproven <br />technique, especially given that the liability for failure would still reside with Colowyo. Furthermore, <br />this procedure still emphasizes a "restoration" element to reclamation as opposed to a "targeted land <br />use" direction that the landowner (Colowyo) would prefer for post-mining land management. <br />Grazingland and sagebrush steppe offer very important components to the post-mining land use. <br />Trading a few acres of mountain shrub (much of which had to be chained or bulldozed to improve <br />forage quality) for acres of grassland (that is heavily used by foraging big game) and sagebrush steppe <br />seems logical. Finally, Colowyo has extensive experience (approximately $1.5M in expenditures) with <br />the failure of mountain shrub species restoration and is reticent to commit additional resources without <br />significant validation or promise of success. (See also responses to Comments 45 and 413.)