2009-09-14_REVISION - C1981019

• Permit No: C1981019
• IBM Index Class Name: Revision
• Doc Date: 9/14/2009
• Doc Name: Proposed Decision & Findings of Compliance
• From: DRMS
• To: Colowyo Coal Company
• Type & Sequence: RN5
• Email Name: JRS
• Media Type: D
• Archive: No

potential sagebrush steppe area for the 2009 forward reclamation (Map 44), of which a minimum
of 450 acres will be seeded with the sagebrush steppe seed mix.
During the adequacy review of Technical Revision 72, the Division, in consultation with the
Colorado Division of Wildlife (DOW), determined that Colowyo needs to include areas of tall
mountain shrubs and aspen in their South Taylor Pit reclamation (as these communities exist in
the area and were disturbed by mining activities). It was determined that 20 cumulative
reclaimed acres of tall mountain shrubs and 20 cumulative acres of aspen will be required. After
several rounds of adequacy comments and responses, the issue of the tall shrub communities and
the aspen planting areas remains outstanding. With the approval of Technical Revision 72 (on
24 June 2009) the Division attached stipulation 13 to the permit.
STIPULATION 13
NO LATER THAN 4 JANUARY 2010 THE OPERATOR WILL SUBMIT A
COMPLETE TECHNICAL REVISION APPLICATION ADDRESSING
ESTABLISHMENT OF TALL SHRUB AND ASPEN PLANTING AREAS IN
APPROPRIATE SITE LOCATIONS OF THE POST-2008 ORIGINAL PERMIT AREA
AND THE SOUTH TAYLOR RECLAMATION AREA. THE REVISION
APPLICATION SHOULD ADDRESS THE FOLLOWING:
• MINIMUM SIZE OF INDIVIDUAL PLANTING AREA (NOT LESS THAN 1
ACRE);
• MINIMUM CUMULATIVE PLANTING AREA ACREAGE (NOT LESS
THAN 20 ACRES FOR ASPEN/TALL SHRUB PLANTING SITES ON THICK
SOILS, AND NOT LESS THAN 20 ACRES FOR TALL
SHRUB/BITTERBRUSH PLANTING SITES ON THIN SOIL). BOTH ASPEN
AND TALL SHRUBS CAN BE PLANTED WITHIN THE SAME THICK SOIL
PLANTING SITES;
• AT LEAST %2 OF THE TOTAL ACREAGE OF PLANTING SITES WILL BE
OVER GRADED SPOILS, AND NONE OF THE SITES WILL BE LOCATED
IN CLOSE PROXIMITY TO UNDISTURBED NATIVE HABITAT;
• DETAILED SEEDING AND PLANTING PLANS FOR THE VARIOUS SITES.
PLANTING PLAN SHOULD ADDRESS SPECIES, PLANTING DENSITIES,
PLANTING METHODS, SIZE AND SOURCE OF PLANTING STOCK
(NATIVE WILDING, COMMERCIAL CONTAINERIZED, ETC.).
APPROPRIATE LOW COMPETITION SEEDMIXES WILL BE SPECIFIED
FOR THE THICK SOIL AND THIN SOIL PLANTING SITES,
RESPECTIVELY;
• FENCING SPECIFICATIONS TO EXCLUDE UNGULATES;
• SPECIFICATION FOR WEEDGUARD FABRIC OR EQUIVALENT TO
SUPPRESS HERBACEOUS COMPETITION IN IMMEDIATE PROXIMITY
OF PLANTED SEEDLINGS, AND;
Proposed Decision and Findings of Compliance 14 September 2009
Permit Renewal 05 Page 59