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NO :LATER THAN 15 MARCH 2008 THE COLOWYO COAL COMPANY <br />SHALL SUBMIT A TECHNICAL REVISION TO THE DIVISION <br />CONTAINING A COMPREHENSIVE RECLAMATION PLAN FOR THE <br />EAST PIT, WEST PIT, SECTION 16 PIT, SOUTH TAYLOR PIT, FACILITIES <br />AREA, GOSSARD LOADOUT AND ALL REMAINING DISTURBANCES AT <br />THE COLOWYO MINE. THE REVISION WILL ELIMINATE OUTDATED <br />METHODS OF RECLAMATION THAT ARE CURRENTLY USED AT THE <br />COLOWYO MINE. FURTHER, THE REVISION WILL ADDRESS DIVISION <br />CONCERNS REGARDING REVEGETATION, SOILS HANDLING AND <br />SPECIES DIVERSITY SUCCESS STANDARDS, ETC. TO MEET THE <br />CURRENT POST-MINING LAND-USE. CONSULTATION WITH THE <br />DIVISION, THE COLORADO DIVISION OF WILDLIFE, THE BUREAU OF <br />LAND MANAGEMENT AND OTHER APPROPRIATE AGENCIES WILL BE <br />NECESSARY. <br />Stipulation 8 was complied with on 14 March 2008 with the submittal of Technical <br />Revision 72. Again, when the Division deemed TR-72 complete letters requesting <br />comments were sent to various government agencies, including the Colorado Division of <br />Wildlife (DOW). The DOW responded with comments for TR-72 on 7 March 2008 (this <br />letter was received by the Division on 14 April 2008 so it was probably erroneously dated <br />7 March 2008 instead of 7 April 2008, this letter is attached). In the letter DOW states <br />"...CDOW recommends the mine establish a minimum of 2 sites specifically <br />targeted at aspen/chokecherry establishment. These sites should be a minimum of <br />20 acres in size and should have topsoil depths of at least four feet" (emphasis added). <br />After 15 months and four adequacy reviews, TR-72 remained outstanding, with two <br />issues remaining unresolved. One issue was the variable topsoil replacement at the <br />Colowyo Maine, which is being addressed with Technical Revision 82 and the other is the <br />aspen and mountain shrub plots, which is supposed to be addressed with Technical <br />Revision 84. The question that remained unresolved from TR-72 was question 13, which <br />reads as follows: <br />In previous review letters, both DOW (see attached 7 March 2008 DOW letter) <br />and the Division have requested reclamation plan amendments to address <br />reestablishment of small patches of aspen and tall shrub communities. These <br />community types provide important wildlife habitat functions, even when present <br />as small patches within a landscape dominated by grassland or sagebrush steppe. <br />Previous small scale research and operational plantings have indicated the <br />potential for successful establishment, if appropriate measures are taken. In <br />consideration of the significant acreage of these community types that has been <br />disturbed by Colowyo, the Division believes it is important for Colowyo to <br />include plans for a limited number of aspen and tall shrub establishment areas in <br />appropriate site locations. <br />Inclusion of aspen and tall shrub plantings in appropriate locations would be <br />important from the standpoint of providing habitat for various wildlife species as <br />