2010-04-08_REVISION - C1981019 (4)

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Rule 2.05.3(6) - Overburden and Rule 4.09 - Excess Spoil 14. This item remains incomplete. Colowyo has provided adequate construction and design information for the temporary overburden stockpile. Colowyo has not, however, adequately described the pile in the text portion of the permit under Rules 2.05.3(6) and 4.09. Please provide a detailed description of the pile including construction methods, drainage, reclamation of the footprint area and map and exhibit references under Permit sections 2.05.3(6) and 4.09. 15. This item remains incomplete. Colowyo has provided a chart and description of the overburden sampling plan in Section 2.05.3 of the submittal but this has just been cut and pasted from the Colowyo Volume 1 portion of the permit. This sampling plan was based on years of data from the active operations in the East, West and Section 16 Pits at the Colowyo Mine. Colowyo has not provided any Collom specific information that would allow the Division to make the conclusion that this sampling plan is adequate for the Collom area. Colowyo will need to review, summarize and discuss the overburden and interburden chemistry for the Collom Lite and Little Collom X Pits. This information should then be used to develop a site specific overburden sampling plan for the Collom area. Rule 2.05.5 - Post-Mining Land Use 16. This item remains incomplete. Please refer to comments in Item 5 of this letter. Since Colowyo is not proposing to change the pre-mining use of the Collom Expansion area, changes requested in Item 5 regarding land use narrative and Map modifications apply to post-mining as well as pre-mining land uses. Additionally, Rule 2.05.5(l)(a)(iii) requires that the post-mining land use narrative address consideration that has been given to making the operations consistent with surface owner plans and programs. Rule 2.05.5(1)(b) requires a copy of the comments concerning the proposed use by the legal or equitable owner of record. The post- mining land use sections of the application (2.05.5 and 4.16) are incomplete because the application does not provide the information required by 2.05.5(l)(a)(iii) and 2.05.5(1)(b) for the proposed PR-3 Collom expansion area. Rule 2.05.6(2) - Mitigation of Impacts of Mining Operations, Fish and Wildlife Plan 17. This item remains incomplete. The information provided by Colowyo in response to the Division's initial Incompleteness letter does not fully address the regulatory requirements of this. The narrative regarding greater sage-grouse will need to be amended to address the current status of the species as a federal "Candidate for Listing" on the threatened and endangered species list, and how the applicant will utilize impact control measures, management techniques and monitoring methods to protect the species in association with the proposed Collom expansion. In addition, discussion of habitats of unusually high value (wetlands, raptor nesting sites, grouse lek sites, etc.) within the Collom expansion area needs to be identified and protective or enhancement measures discussed, pursuant to 2.05.6(2)(a)(iii)(B). Colowyo Mine C-1981-019 page 5 of 11 8 April 2010 Permit Revision 03 - Collom Permit Expansion