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3. In Item 3 of the midterm letter, the Division requested clarification and <br />appropriate table and exhibit corrections pertaining to certain spring or well <br />features that existed on the Friederich property in the Pond 016 watershed prior to <br />mining. The operator provided explanation and amended permit sections <br />responding to the Division's request. However, because of the nature of the <br />concern and landowner interest in the matter, we believe the issue needs to be <br />addressed within a separate, properly noticed technical revision application, rather <br />than be included within the on-going TR-61 application. <br />Please amend the TR-61 application submittal to withdraw proposed changes <br />regarding location, monitoring, and water rights associated with existing and <br />historically documented springs in the Pond 016 watershed, and submit the <br />subject changes within a separate technical revision application. <br />4. Item 4 was a reminder/request to the operator, to provide a final geotechnical <br />report and repair plan for the "Shrub Plot Slide" and the "Pond 016 Slide", as an <br />addendum to the 2008 Rill and Gully Survey, prior to initiation of repair work. <br />The operator acknowledged the request and indicated they would comply. Item <br />Resolved. <br />Item S was a request that sections of permit Tab 22 be amended, including <br />incorporation of the RMRS final report on the original aspen establishment study <br />plots, as well as description of on-going studies being conducted by RMRS in <br />cooperation with SCC. In addition, the item requested clarification regarding <br />density standards for aspen stems and total woody plant stems within the <br />individual aspen planting areas. <br />SCC did not propose any changes to permit Tab 22. The letter response noted <br />that monitoring and analyses were being conducted to determine appropriate and <br />reasonable woody plant density standards, and that a revision to update Tab 22 <br />would be submitted for approval prior to Phase III bond release request. <br />While some additional period of monitoring and assessment may be warranted <br />prior to defining the success standards for the aspen planting areas (given the <br />uncertainties regarding feasibility of aspen establishment on mined areas), the <br />requested updates regarding incorporation of the RMRS final report on the initial <br />aspen study, and discussion of on-going aspen/serviceberry establishment studies, <br />should be provided as requested. We plan to contact appropriate Division of <br />Wildlife staff prior to the 2009 growing season, invite them to visit the site to <br />view previous and on-going woody plant establishment study plots and <br />reclamation sites, and request their input regarding success standards for woody <br />plants in general and aspen planting sites in particular. <br />Please include the requested Tab 22 updates regarding RMRS/SCC woody <br />plant studies within a separate technical revision application. <br />4