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C1981019, TR84 Adequacy No. 2 response 2 April 8, 2011 <br />The Division has reviewed Colowyo Coal Company's (CCC) application for a technical revision (TR84). <br />This second adequacy letter addresses CCC's adequacy response received on November 8, 2010. Please <br />find the Division's comments: <br />Aspen and Tall Shrub Establishment Areas <br />1. Page 4.15-12, third paragraph - The field study areas for Aspen (20 acres) and tall shrub (20 <br />acres) have been reduced proportionately (18.5 and 12.0 acres respectively) to the corresponding <br />reduction in plant community disturbance. It is the Division's understanding that 20 acres each <br />was felt to be an adequate size for successful field trials rather than a proportion of disturbed <br />habitat (see CDOW letter dated March 7, 2008). Does the CDOW still require 20 acre plots for <br />field trials? <br />Colowyo's Response: <br />For clarification, the 20 acres associated with Aspen and Tall Shrub establishment areas were <br />the negotiated total establishment acres for the existing Colowyo disturbance area including <br />South Taylor prior to the reduction in proposed disturbance reflected in the TR-81 package. <br />Representatives from DRMS, CDOW and Colowyo met at Colowyo on September 28Th, 2010 <br />and agreed that it was appropriate to reduce these acres proportionally to the reduction in the <br />disturbance of the applicable plant communities in the South Taylor area. As the majority of the <br />aspen community acres were already disturbed prior to this discussion, only a small percentage <br />of aspen was reduced to reflect this. As 40% of the tall shrub area previously targeted for <br />disturbance is no longer going to be disturbed, it was appropriate to reduce that request to 12 <br />acres from 20 as agreed. At no time were the stipulations of "40" total acres described in the <br />context offield trials that would lead to additional areas being targeted. Coloywo proposed one <br />acre field trials to determine if success was possible, then potentially leading to further <br />establishment areas in the greater reclamation areas in South Taylor in the future not to exceed <br />the "40" acre negotiated maximum. Contact with Jim Stark (DRMS) and Ed Winters (CDOW) <br />can be done to confirm this position. <br />2. Page 4.15-12, bullet 1 and page 4.15-12, bullet 2 - It is stated "Colowyo agrees to establish one <br />small (one acre) aspen establishment area..." This statement should read "Colowyo agrees to <br />establish 1-20 acres (or many field trial areas with a cumulative area not less than 20 acres) <br />aspen establishment area..." Please fix text accordingly. This statement may be contingent on <br />the decision by the CDOW of bullet #1 above. <br />Colowyo's Response: <br />Again, this is not what was negotiated in the September 28, 2010 DRMSICDOWIColoywo <br />meeting. CDOW confirmed that the 20120 acre areas were appropriate and that it was <br />reasonable to seek a proportional reduction in areas that would no longer be disturbed that <br />were previously targeted for disturbance. Contact with Jim Stark (DRMS) and Ed Winters <br />(CDOW) can be done to confirm this position. Colowyo has not committed to additional field <br />trial areas beyond the 1 acre trials and does not intend to unless success is demonstrated. <br />Additional establishment areas will be created if/after the field trials are deemed successful <br />through the Interim Revegetation Monitoring work done by a third party.