2010-11-08_REVISION - C1981019 - Laserfiche WebLink

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Although Stipulation 13 was attached to the Colowyo permit as a condition of the approval of Technical Revision 72, the issue addressed in the stipulation dates back to Permit Renewal 05 and Permit Revision 02 (both in the summer of 2007). Additionally, the Division has expressed concerns regarding woody plant establishment at the Colowyo Mine dating back to at least 2004. On 3 July 2006 Colowyo submitted Permit Revision 02 (the South Taylor and Lower Wilson permit expansion). PR-02 was deemed complete on 13 July 2006. The following year Colowyo submitted Permit Renewal 05, received on 27 April 2007 and deemed complete on 7 May 2007. When the Division deemed these revisions complete, letters requesting comments were sent to various government agencies, including the Colorado Division of Wildlife (DOW). The DOW responded with comments for PR-02 on 7 August 2006 and comments for RN-05 on 5 July 2007 (both letters are attached). The 7 August 2006 DOW comment Letter for PR-02 included the following comment, "The proposed site is primarily composed of mountain shrub communities consisting of mostly Gambel's oak, serviceberry and sagebrush. There is also one main stand of aspen in the upper reach of the east fork of Wilson Creek. The CDOW does recognize this to be important wildlife habitat for elk, mule deer mountain lions, black bear and wintering Columbian sharp-tailed grouse, as well as other wildlife species" (emphasis added). The letter continues "...the chief vegetative component still missing from the site was a consistent shrub community primarily consisting of Gambel's oak, serviceberry and sagebrush. It was also agreed that winter use primarily by elk was a factor negatively affecting shrub recruitment" (emphasis added). The letter concluded "The mine and DWM Wangnild discussed the possibility of changing reclamation efforts in the new permit area... (a)nother example would be to create other sites with extremely deep topsoil depths. These sites would ideally benefit woody species like aspen and chokecherry" (emphasis added). Based on the DOW comments from the 7 August 2006 letter, DOW believes that there needs to be a concerted effort to establish aspen and tall mountain shrubs at the Colowyo Mine. The DOW's comment letter dated 5 July 2007 (sent in response to RN-05) reiterated the issues raised in their 7 August 2006 comment letter (for PR-02). The letter began "Please refer to the attached letter dated August 7, 2006. In that letter, the following points were discussed specific to reclamation efforts on newly disturbed lands... (r)eclamation efforts need to continue to focus on reestablishment of a shrub community primarily consisting of Gambel's oak, serviceberry and snowberry" (emphasis added). The issues relating to the reclamation plan, including variable topsoil replacement and reestablishment of aspen and mountain shrub communities were not resolved in PR-02 or RN-05 and the Division attached Stipulation 8 to the Colowyo Permit which states: STIPULATION 8