2008-12-11_REVISION - C1981019 - Laserfiche WebLink

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Colowyo Mine December 11, 2008 TR-72 2 on March 14, 2008. We sent out `completeness' notices on March 21, 2008 notifying interested persons that Colowyo was proposing a change in the reclamation plan and requested comments. We received DOW's comments on April 14, 2008. A copy of that letter is attached for your information. The DOW comments were incorporated into our preliminary adequacy review letter in questions number 5, 10, 13, and 14. Colowyo responded on May 27, 2008 and the DRMS second adequacy letter was sent on June 26, 2008. Colowyo responded to that letter on July 28, 2008. We have yet to finalize some of these issues with Colowyo and before we send out another letter, I believe it would be beneficial to meet with DOW to discuss them. The issues we would like to discuss are addressed in our review letter dated June 26, 2008 and Colowyo's responses dated July 24, 2008. Copies of both these letters are attached. A summary of the issues remaining to be resolved is listed below. No. 5. addresses the woody plant density standard. Initially we recommended the standards in DOW's April 14 letter. Colowyo responded with a counter proposal which we did not accept and offered the following comment. Pending discussion with DOW, the Division would accept, as our final offer: • A minimum 450 acres of Sagebrush Steppe (core areas and ecotone, based on 50% success on the 900 (approximate) acres of potential Sagebrush Steppe areas indicated on Map 44. A minimum standard of 375 stems per acre on core areas, 200 per acre on ecotone (no allowance for "positive recruitment"). At least '/2 of the shrubs on core areas and ecotone areas will be big sagebrush (Artemisia tridentata), and none of the countable shrubs will be fourwing saltbush. • Sagebrush Steppe core areas shall comprise at least 225 acres of the post-2008 reclaimed landscape. • A standard of 0 stems per acre on grazingland areas. • A standard of at least 150 stems per acre on at least 3% of the pre-2008 reclaimed surface. Colowyo did not accept this standard in their July 28, 2008 letter and countered with the following proposals: • 375 acres as sagebrush steppe (42% of the area or 75% of what the Division has requested) • 187.5 stems/acre (no issue with the half sagebrush) in "core" areas • Colowyo is still trying to push the issue of positive recruitment, which would quite possibly (probably) make their standard even lower. Positive recruitment is a "demonstration" that the more mature plants are dropping seeds that are germinating and becoming new plants. This method sets up the real possibility that we could begin to argue what is a mature plant and what is a new plant. • The Division has requested that saltbrush be removed from Colowyo's seed mix and we do not feel it is appropriate to count it towards the shrub standard due to the mortality rate around/closely after ten years (the liability period). Colowyo has countered that they have good success with saltbrush beyond ten years and want to keep it in their seed mix