2010-03-02_REVISION - C1981019 (2)

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Stark, Jim From: Brown, Sandy Sent: 02 March, 2010 10:09 To: Stark, Jim Subject: RE: Colowyo Mine Technical Revision 84 Thanks Jim. Will you please have a copy of this e-mail scanned so that it gets into the record. Thanks. From: Stark, Jim Sent: Tuesday, March 02, 2010 10:04 AM To: Wangnild, Jon Cc: Brown, Sandy Subject: Colowyo Mine Technical Revision 84 Jon, In January the Division received Technical Revision 84 from the Colowyo Mine. This revision was supposed to address the tall mountain shrub and aspen planting areas that have been requested by the Division and DOW for the last few years (since at least Permit Revision 02 - South Taylor). What we had decided on was that Colowyo would set up one tall mountain shrub planting area and one aspen planting area, each to be no less than 20 acres (we also agreed that Colowyo could set up several smaller areas as long as they totaled 20 acres each). Colowyo has been reluctant to commit to these planting areas and TR-84 was supposed to address this issue. When the Division received TR-84 the only thing Colowyo has committed to is the planting of three 1-acre "test plots", one 1-acre plot for aspen and two 1-acre plots for tall mountain shrubs. This is not what the Division or the DOW has requested. The Division is in the process of sending Colowyo an adequacy letter for TR-84 regarding the lack of commitment to plant tall mountain shrubs and aspen at the Colowyo Mine. We received a DOW comment letter (dated 1 February 2010 and signed by Bill deVergie) that seems to confuse this issue and I wanted to get your comments regarding the shrub and aspen planting areas. The DOW has now sent the Division four letters (7 August 2006, PR-02; 5 July 2007, RN-05; 7 March 2008, TR-72; and 1 February 2010, TR-84 - all attached) regarding the tall mountain shrub and aspen planting areas. The first three letters were all pretty clear regarding the need to establish tall mountain shrub and aspen planting areas. The 7 March 2008 letter is the one that spells out the 20 acre plots for each community. The confusion comes with the most recent letter, dated 1 February 2010. In that letter the DOW states that "Colowyo's proposal to establish tall mountain shrub and aspen communities offers the opportunity for Greater Sage Grouse and Elk to utilize these areas with success. The strategy is consistent with the CDOW's desire to return mined lands to adequate wildlife habitat." This statement adds confusion because it can be read that Colowyo's proposal (as written in the TR-84 submittal) to only commit to three 1-acre test plots is an acceptable alternative to the plans we have been discussing for the past few years. Based on Colowyo's pre-mining vegetation maps, in South Taylor they are disturbing approximately 852 acres of tall mountain shrub communities and approximately 222 acres of aspen communities. The 1-acre trial planting areas, as proposed by Colowyo, would represent a reclamation of 0.24% of the tall mountain shrub communities and 0.45% of the aspen communities, which is basically nothing compared with the overall disturbance. The Division would like a clarification of the DOW position as it relates to the tall mountain shrub and aspen planting areas at the Colowyo Mine. Basically, does the DOW still request the 20 acre plots or has the DOW's position on this issue changed. Thank you for your assistance on this matter. James R. Stark