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.l <br />i ? <br />STATE OF COLORADO <br />Bill Ritter, Jr., Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WILDLIFE <br />AN EQUAL OPPORTUNITY EMPLOYER <br />Thomas E. Remington, Director <br />6060 Broadway <br />Denver, Colorado 80216 <br />Telephone: (303) 297-1192 <br />wildlife. state. co. us <br />James R. Stark, Environmental Protection Specialist RECEM , <br />Colorado Division of Reclamation, Mining and Safety Ni OV O Q 2009 <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 Divis?:, c: ,•;:?'?r ?, <br />Mining ano -%v <br />28 October 2009 <br />RE: Colowyo Coal Company, L.P. (Permit No. C-1981-019) <br />Technical Revision Application No. 82 (TR-82) <br />Comment Response to Stipulation 12 (TR72/RN5) <br />To. Mr. Stark: <br />f0?' OF <br />For Wildlife- <br />For People <br />Thank you for the opportunity to comment on Stipulation 12 of,Technical. Revision No.'82. (TR 82) for Colowyo <br />Coal'Company, L.P. to revise their reclamation plan to allow variable replacement depth of topsoil on backfilled and <br />re-graded areas of South Taylor and West Pits. The Colorado Division of Wildlife (CDOW) has reviewed this <br />Stipulation would like to provide the following comments: <br />CDOW concern is that reclamation of mined lands results in adequate wildlife habitat in post mining activities. The <br />primary focus of the reclamation of South Taylor and West Pits are livestock grazing and brooding areas for Greater <br />Sage Grouse. Currently, Colowyo is located within areas classified as suitable for Greater Sage Grouse habitat. <br />Good nesting habitat for Greater Sage Grouse is composed of good grass and forb understory with live sagebrush <br />canopy. It is the desire of CDOW that Colowyo work towards achieving this. <br />Meeting's with CDOW and Colowyo personnel has concluded that shifting from the current practice of uniform <br />topsoil replacement depth to a variable replacement depth of topsoil will help to achieve this. Previous reclamation <br />has resulted in a "grassland" habitat type as opposed to a mountain shrub to Pinyon-Juniper habitat type. Study <br />results that Colowyo has shared with CDOW indicate that variable topsoil depth placement along the re-grade <br />topography will greatly enhance the opportunity for shrub reestablishment. CDOW agrees that establishment of <br />"shrub favorable areas" on slopes less than 8% will promote Greater Sage Grouse utilization areas. On slopes in <br />excess of 8%, CDOW agrees with Colowyo that the primary focus of slope stabilization with the use of grasses is <br />important. Not only will the grasses promote slope stabilization, but allow habitat opportunity for Elk and Mule <br />Deer that populate the area. <br />CDOW is also favorable of the recommended seed mix that Colowyo will employ. Emphasis of native seed as well <br />as greatly increasing the shrub component of the mix is a Best Management Practice identified for wildlife <br />mitigation,in recta mati?n, <br />CDOOW appreoiatei .Colowyo in workmg,with us to restore:Colowyo to,habitats suitable ;for wildlife In iconclusion, <br />`the .&OW,?appreciates? the -efforts, of .the petitioner'tor retam', many of the, wildlife V values. of the propertyc <br />Otionally, enhancing existing wetlands, minimizing the amountof acres disturbed at onetimeduring <br />X'd the mining <br />o eration, and, utilizing sound reclamation practices will be beneficial to wildlife. <br />DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director <br />WILDLIFE COMMISSION, Brad Coors, Chair • Tim Glenn, Vice Chair • Dennis Buechler, Secretary <br />Members, Jeffrey Crawford • Dorothea Farris • Roy McAnally • John Singletary • Mark Smith • Robert Streeter <br />Ex Officio Members, Harris Sherman and John Stulp