2010-07-09_REVISION - C1981019 (4)

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14. Colowyo has numerous stock tanks located on the older reclamation in the Streeter, Gulch A and Section 16 watersheds. Based on question 9 above it is anticipated that there will be additional stock tanks located on the 2010 forward reclamation in the Prospect, East Taylor and West Pit watersheds. There is information on the current stock tanks located in Exhibit 7, Item 11. These stock tanks are not, however, shown on any map. Please locate and label all of the stock tanks currently constructed on the Colowyo Mine reclamation on an appropriate map (Map 41 would be a good map for this). As Colowyo designs and constructs additional stock tanks in the 2010 forward reclamation, this map will need to be updated to show their locations as well. All impoundments including stock tanks (both temporary and permanent) must meet the design criteria specified in the Regulations of the Colorado Mined Reclamation Board (Rule 4.05.9). All impoundments that are intended to be retained as permanent postmining features shall comply with applicable Office of State Engineer rules and regulations. Appropriate application materials should be submitted to the local Water Division Office (Division 6) for a Livestock Water Tank (LSWT) or Erosion Control Dam (ECD) for these permanent structures. A water right is not required for an ECD or LSWT. Colowyo's Response: The locations of existing stock tanks may be found on Map 12, Hydrology South Area of Colowyo's current permit and on Exhibit lA of Colowyo's Annual Hydrology and Reclamation Report. Colowyo will update these maps with the locations of any new stock tanks implemented on future reclamation areas. As stated in Colowyo's response to Item 9, Colowyo will be seeking approval of standardized designs that can be incorporated into future reclamation plans, rather than permitting them one at a time. 15. Stipulation 7 remains outstanding. This stipulation requires point(s) of compliance for the Colowyo Mine. This is an issue that has remained outstanding since the 2005 Midterm Review. Please provide the Division with a detailed analysis of the groundwater regime at the mine site and propose a point(s) of compliance that meets the requirements of Rule 4.05.13(1). This analysis will need to address both the original Colowyo Mine area, including the Gossard Loadout and facilities area, and the South Taylor Pit area (which may result in the need for several points of compliance). Additional information can be found in the Division's 2005 Midterm Review, the Preliminary Adequacy Review Letter for Permit Revision 02 and the Preliminary Adequacy Review Letter for Permit Renewal 05. Colowyo's Response: Colowyo has addressed and incorporated two additional justifications for not implementing Points of Compliance wells since 2001 into the permit text. Colowyo also has included a points of compliance report in the materials submitted under PR-03 that addresses the original operation, South Taylor and the proposed Collom mining area. Rule 4.06 -Topsoil 16. On Page 4.06-1 Colowyo indicates that the mine's topsoil balance is shown on Table 2.05- 1, which is current as of October 2005. This table is out of date and needs to be updated with the current topsoil balance information. The Division suggests that an alternative to this table, which will be out of date again after it is submitted (due to ongoing topsoil salvage and replacement activities), would be to eliminate this table in the permit and provide the information in the Annual Reclamation Report (ARR). Colowyo currently provides a yearly topsoil balance in the ARR, which provides the most up to date topsoil