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properly salvaged and stockpiled. Conversely, please ensure that soil to be <br />salvaged from the current stockpile footprint locations and placed in the new <br />topsoil stockpile, will be limited to surface horizon materials identified as <br />"topsoil", based on soil resource information included in the permit. <br />51. This item was previously noted by the Division to be "tentatively resolved", <br />pending review by OSM. OSM acceptance of the amendment to Table 4.3-10, <br />included in the applicant's response submittal of 8/19/08 was confirmed during a <br />phone conversation on 11/5/08, between Dan Mathews of the Division and Carl <br />Johnston of OSM. The Division and OSM concur that there would be no impact <br />to the threatened Uintah Basin hookless cactcus (Sclerocactus glaucus), based on <br />the lack of documented occurrences within several miles of the mine and lack of <br />suitable habitat within the area of proposed disturbance (East Salt Creek terrace <br />with dense big sagebrush/greasewood vegetation). Item Resolved. <br />52. In a letter dated August 19, 2008, received by the Division on August 28, 2008, <br />the Colorado Division of Wildlife (DOW) addressed concerns related to potential <br />water quality impacts of the proposed activities to East Salt Creek. A copy of <br />DOW's letter was forwarded to the operator on September 19, 2008. In the <br />10/23/08 submittal, MCM provided additional analyses and evaluation within <br />proposed PHC amendments, to address DOW concerns regarding potential <br />impacts to East Salt Creek water quality associated with mine water discharge, <br />and waste pile and sediment pond leachate. The operator indicated that a copy of <br />'the amended information had also been provided to DOW. Resolution of this <br />matter is pending review and comment by DOW. DOW comments on the <br />most recently amended PHC materials have been requested (see email of <br />11/5/08 from Dan Mathews of DRMS to Paul Creeden of DOW). <br />57. DRMS request for additional PHC analysis and evaluation, to address potential <br />impacts associated with TR-16 proposed facilities, overlapped to an extent with <br />DOW concerns referenced in Item 52. Resolution of this item is pending input <br />from, and further discussion with DOW regarding amended PHC <br />assessment. <br />2