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5 <br />Table 5-1 <br />DEIS Comments and Responses <br />Commenter Comment Comment/Response <br /> <br /> effect for the life-of--mine and up to ten-years after mining has ceased to <br /> coincide with the bond obligations with the CDRMS. MCC is required by the <br /> CDRMS regulations to gather one year of background or baseline data prior <br /> to MCC entering an area for coal mining. Results of water quality data are <br /> presented in the Aimual Hydrologic Report which is deliverable to the DBMS <br /> annually. The FS also receives a copy. <br /> The quality ofnon-tributary ground water was not raised as an issue for the <br /> analysis (see Chapter 2, Issues) and does not appear to be an issue raised by <br /> WSERC at this time. Non-tributary ground-water is that ground-water which <br /> has been verified by the Colorado State Engineer's Off ce (SEO) to be <br /> hydraulically isolated from surface water. The West Elk Mine has such a <br /> finding from the SEO (District Court, Water Division 4, Colorado, case <br /> #06CW34) water found at the mine level has been found to be isolated from <br /> surface activities. <br /> The FS maintains that this is not an issue germane to the proposed action or <br /> alternatives. <br />Western Slope 14 We also asked MCC to explain why riparian areas will only reach 80 percent <br />Environmental cover in two years. Again, they provided us a helpful explanation, which we <br />Resource Council would like to see included in the EIS. <br /> RESPONSE: This is a GMUG Forest Plan standard for reclamation in <br /> riparian areas that requires 80 percent groundcover after the second growing <br /> season after reclamation occurs. (LRMP III-248) as stated "Drain and restore <br /> roads, pads and drill sites immediately after use is discontinued. Revegetate to <br /> 80 percent of ground cover in the first year. Provide surface protection during <br /> storm flow and snow melt runoff events." The standard allows some <br /> flexibility based on adverse climatic conditions (such as drought) and <br /> reduction in soil productivity after disturbances of the soil structure occur. <br /> Additionally, MCC has obligations to the CDRMS to adhere to the CDRMS <br /> regulations at 4.15.8 (2) which states in part: Vegetative cover and <br /> herbaceous production, species diversity, and woody plant density on the <br /> reclaimed surface shall be at least equal to the vegetative cover and <br /> herbaceous production, species diversity and woody plant density of living <br /> plants on the approved reference area or to the standards established in 4.15.7 <br /> (2)(d). In addition, the vegetation on the reclaimed area shall be of the same <br /> seasonal variety native to the area of disturbed land, or shall consist of species <br /> that support the post-mining land use. The post-mining land use in this case is <br /> linked to the Forest Plan, which is riparian habitat. The FS will specify the <br /> seed mix, revegetation efforts to meet the support of riparian area. <br /> MCC inay be able to complete this in two years with the exception to the <br /> woody plant density. There are rules that require 90 percent production with <br /> 90 percent statistical confidence, within 10 years, which may require <br /> additional plantings. Any of the previously mentioned actions start the 10- <br /> year bonding liability standard over again for MCC. <br />Western Slope 15 Finally, MCC provided us additional information about the types of <br />Environmental com ounds using in drilling fluids and circulation additives that we would <br />• <br />• <br />C J <br />166 Deer Creek Ventilation Shaft and E Seam Methane Drainage Wells FEIS <br />