2008-11-17_GENERAL DOCUMENTS - C1980006

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greatest relative cover was Western wheatgrass (Pascopyrum Smithii) 32.27%, well below the limit of 40% relative cover. Big sagebrush at 9.66% relative cover had the fourth highest cover value of the 27 species encountered during the 2006 sampling. Noxious weed species were infrequent and the sampling in 2005 only encountered one species, Canada thistle (Cirsium arvense), that contributed 0.51 % relative cover. No noxious species were encountered in the transects in 2006. Permanent Structures Several structures and ponds have been permitted to remain permanently encompassing 64.2 acres at the Marr Mine area. At the Marr Mine area, several structures have been approved to remain as permanent structures in support of the approved post-mining land use of rangeland. The approved permanent ponds at the mine site include sediment ponds A, B, D, E, and F. Review by the appropriate agencies (BLM for pond F, and Colorado Department of Water Resources for Ponds A, B, D, E and F) was obtained. Ponds C and G were reclaimed in 2006. The access road (9.0 acres) to the facilities area and the associated culverts will remain as a permanent road. The facilities pad, warehouse, powerline, light poles and lights, and surrounding ditches are permanent. The Division received a letter from the landowner on July 27, 2007, requesting the Caterpillar motor grader, two large steel tanks, weather station/tower and other miscellaneous items near the shop building also be retained on site. The access road (9.0 acres) to the facilities area at the mine site will remain in the permit until the 8.0 acres at the mine site are approved for Phase III Bond Release. The Division is proposing a Phase I and II bond release for these remaining 17.0 acres at the mine site. Reclaimed Sediment Control Structures- Ponds C and G were reclaimed in September 2006. Ponds C and G and their associated topsoil stockpiles and ditches were regraded, with topsoil replaced on the regraded ponds and ditches and the approved permanent seed mix drill seeded at the approved rate (7.9 acres). Species of the perennial seed mix were becoming established on reclaimed Ponds C and G and associated ditch and topsoil stockpile footprint areas in 2007, as observed during routine site inspections. The Pond G reclaimed area had been grazed by cattle, as observed by the Division during the June 18, 2007 inspection. These ponds and their associated areas reclaimed in 2006 still exhibited annual species on the reclaimed area. No noxious species were observed in these 2006 reclaimed areas, nor were erosional features of concern. The reclaimed Pond G area, its reclaimed ditches and its reclaimed topsoil stockpile footprint had exhibited good vegetation establishment and recovery after having been grazed early in the 2007 growing season. The Division finds that reclaimed Ponds C and G and their associated reclaimed ditches and topsoil stockpile footprints meet the requirements of Rule 3.03.1(5). Sealing of Boreholes-KCC provided drill hole abandonment reports to the Division on February 11, 2003 and on July 26, 2003. The first report documented sealing of 45 boreholes and monitoring wells, in accordance with Rule 4.07.3. The second report documented sealing of 14 additional boreholes or monitoring wells. On November 14, 2008, KCC provided drill hole abandonment reports for five sealed monitoring wells: 79-1, 79-2, 79-3, 79-61 and AO-2(A). A sixth monitoring well, SP I, was permitted to remain as a permanent well, and was transferred to the landowner in October 2008. Hydrologic Evaluation Required by Section 3.03.2(2) The Division has conducted an evaluation of the reclamation work in the SL-04 bond release areas, in accordance with Section 3.03.2(2). This evaluation considered: the results of inspections and hydrologic Marr Mine SL4 12