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b. Appendix 22-3, The "Aspen Study Plan" needs to be updated to incorporate the final <br />study report for the original study plots, and to describe the ongoing aspen/serviceberry <br />establishment studies being conducted in cooperation with the Forest Service Rocky <br />Mountain Research Station. <br />Please update Tab 22 with the most recent reports at this time. We agree that it may be <br />beneficial to wait to establish a woody plant density standard until more information is gained <br />from the studies, but believe it should be addressed well in advance of Phase III bond release. <br />Accordingly, SCC should (a) revisit the woody plant density standard for aspen planting areas <br />with the next permit renewal, and (b) make the requested updates to Appendix 22-3 now, with <br />TR-62. <br />New Items: <br />6. The revision includes proposals for several permanent features (roads, ponds, stock tanks, and <br />structures), and, for most of the features, includes favorable comments on their retention from <br />the owners of affected lands. In addition to the required landowner comments, the following <br />regulatory requirements need to be addressed: <br />a. For all features other than the roads, please provide, as required by Rule 2.05.5(1)(a)), a <br />description of how the proposed features will be compatible with the approved <br />postmining land use (this information was adequately provided for the roads). <br />b. Please provide the Division with comments from Routt County (in accordance with Rule <br />2.05.5(1)(b)) indicating their knowledge of and agreement with retention of all proposed <br />permanent features. <br />C. For the sediment ponds and stock tanks, please submit information to address the <br />requirements of Rule 4.05.9(13), and, in accordance with Rule 2.05.5(1)(b), provide <br />documentation that the State Engineer has been contacted and any additional <br />requirements of the State Engineer have been met (dam safety, water <br />rights/augmentation). If there are specific requirements of the State Engineer regarding <br />water release/augmentation or pond maintenance, SCC will need to obtain letters from <br />affected landowners acknowledging any such requirements or conditions. <br />d. It is not clear whether SCC has addressed permanent retention of the shop area water <br />well with the state engineer. We were able to locate documents (Attachment 16-A) that <br />indicated that the well was temporarily approved as a production well for the duration of <br />mining operations, but it is unclear whether or not SCC has rights for use beyond that <br />time. Please either obtain the necessary approval or provide documentation of prior <br />approval. <br />e. The Division did not find landowner comments regarding retention of Sediment Ponds <br />005, 009, 016, or 016A; Stock Tanks 2, 3, 18, 20, 22, or 24; or the fencing on lands not <br />owned by SCC. Please submit comments from the applicable land owners for all <br />proposed permanent structures. <br />The Division cannot approve SCC's request for retention of these features until all of the above <br />mentioned regulatory requirements have been addressed. Please include language in the <br />-3-