2008-07-16_REVISION - C1980004 (3)

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Mr. Jim Stover, P.E. July 16, 2008 Page 7 Please amend the plan as warranted, and depict new fence to be constructed, as well as existing fence to be rehabilitated, on amended Exhibit 3.1-1. The same BLM fencing specifications used for the recent Munger Canyon reclamation project (or alternative specifications acceptable to BLM) should be specified. Rule 2.05.60) Air Pollution Control Plan 50. The Division requested the operator to update permit section 4.7-1 to incorporate measures associated with TR-16 proposed activities and demonstrate compliance with 2.05.6(1). In addition, submit any necessary new air quality permits, permit modifications, or applications for such required permits or modifications, for inclusion in Appendix E. The operator did update the narrative section on page 4- 79 (Section heading revised to 2.05.6(1) Air Pollution Control Plan). Operator response stated that a new Emission permit had been applied for as part of TR-16. However, the pertinent emission permit application was not submitted, as required by 2.05.6(1)(a). Please submit a copy of the Emission Permit application pertinent to TR-16 proposed activities, for inclusion in Appendix E. Rule 2.05.6(2) Fish and Wildlife Plan 51. The Office of Surface Mining (OSM) has identified Threatened and Endangered Species related concerns with regard to the potential for increased pond evaporative losses associated with the proposed new sediment pond, and possible impact of proposed new disturbance on the threatened Uinta Basin hookless cactus (Sclerocactus glaucus). The Division forwarded an OSM letter dated February 7, 2008 regarding T&E species, and requested the operator to address OSM concerns regarding pond evaporative loss affect to endangered fish and possible impact of proposed new disturbance on the threatened Uinta Basin hookless cactus (Sclerocactus glaucus). The operator submitted a new Appendix "P" Water Consumption Estimate, which should address the OSM endangered fish concern. A copy of Appendix P will be forwarded to the OSM for their review. The response did not address the concern regarding the threatened cactus. Please address the concern raised in the OSM letter regarding potential impact to Sclerocactus glaucus. 52. The Division forwarded a comment letter from the Colorado Division of Wildlife (DOW). DOW's concerns focused on water quality impacts to East Salt Creek, and possible hazards to wildlife associated with the proposed sediment pond.