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Mr. Jim Stover, P.E. <br />February 11, 2009 <br />Page 2 <br />The item response in the 10/23/08 cover letter indicates that narrative changes <br />were made to pages 2-29, 3-7, and 3-8. Amended pages 2-29 and 3-7 were <br />provided in the submittal, but replacement page 3-8 was (apparently erroneously) <br />omitted. <br />Please provide the amended page 3-8, which was referenced but not <br />submitted. <br />Also, we note that topsoil presumably was previously salvaged from the footprint <br />and immediate vicinity of the existing construction material stockpile and <br />possibly from the footprint of the existing topsoil stockpile, but the extent of <br />previous salvage in these areas is not known with certainty. Please ensure that <br />any remnant in-place surface soil horizons in these locations, identified as <br />"topsoil" based on soil resource information included in the permit, are <br />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 DBMS 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 DRMS and Carl <br />Johnston of OSM. The DRMS and OSM concur that there would be no impact to <br />the threatened Uintah Basin hookless cactcus (Sclerocactus glaucus), based on the <br />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 DRMS on August 28, 2008, the <br />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. DOW comments on <br />the most recently amended PHC materials were requested (see email of <br />11/5/08 from Dan Mathews of DRMS to Paul Creeden of DOW). In response <br />to Mr. Mathews e-mail, the DRMS received a letter from DOW on December <br />26, 2008. In this letter DOW indicates that they believe water quality <br />impacts remain contentious, and that it may prove useful for all affected <br />parties to meet with the CDPHE Water Quality Control Division to resolve <br />the issue. We have attached the e-mail from Dan Mathews to Paul Creeden