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Mike Boulay -9- August 19, 2008 <br />CAM: Attached is a copy of the Emission permit application attached as part of <br />Appendix E. <br />Rule 2.05.6 2 Fish and Wildlife Plan <br />51. DRMS: The Office of Surface Mining (OSM) has identified Threatened and <br />Endangered Species related concerns with regard to the potential for 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 />The Division forwarded an OSM letter dated February 7, 2008 regarding T&E <br />species, and requested the operator to address OSM concerns regarding pond <br />evaporative loss affect to endangered fish and possible impact of proposed new <br />disturbance on the threatened Uinta Basin hookless cactus (Scierocactus <br />glaucus). <br />The operator submitted a new Appendix "P" Water Consumption Estimate, which <br />should address the OSM endangered fish concern. A copy of Appendix P will be <br />forwarded to the OSM for their review. <br />The response did not address the concem regarding the threatened cactus. <br />Please address the concern raised in the OSM letter regarding potential <br />impact to Scierocactus glaucus. <br />CAM: Attached is Table 4.3-10 addressing the possible potential for the Uinta <br />Basin hookless cactus. CAM's T & E consultant looked at the area during the <br />permit -renewal T&E inventory and did not see any suitable habitat for that plant <br />in the area. Also, there are no documented occurrences of Uinta Basin hookless <br />cactus within several miles of the mine. <br />52. DRMS: The Division forwarded a comment letter from the Colorado Division <br />of Wildlife (DOW). DOW's concerns focused on water quality impacts to East Salt <br />Creek, and 'possible hazards to wildlife associated with the proposed sediment <br />pond. <br />The operator's response referenced revised Appendix N, which they state <br />demonstrates that the water quality of East Salt Creek will not be adversely <br />impacted. Their response also addresses DOW concerns with the sediment <br />pond, and indicates that lining of the sediment pond is not warranted. Further, the <br />operator agrees to realign the BLM Drift Fence and the current design provides <br />for a 5:1 ramp on the east side of the sediment pond that could be used by <br />wildlife as an escape. <br />The Division will forward the operator's response and amended Appendix N to <br />DOW for their review.