2011-04-19_REVISION - C1981019 (2)

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of this acreage," is inadequate for wildlife habitat. In a letter dated Feb 22, 2011, the US Fish and Wildlife Service expressed concern that "approximately 20 percent of the expansion area to sagebrush would fall short of the site's original condition and potential," which could impact local sage-grouse populations. Please amend the text to accurately reflect the 37% standard proposed by Colowyo with a smaller margin of error (ex. ± 2-3%). 1. Page 118, last paragraph - The additional language added to this paragraph does not add clarification as to when deviation from the permit is acceptable. The Division reaffirms its position that when a situation arises that require Colowyo to deviate from the original permit, the Division needs to be contacted before any action is taken. An adequate amount of flexibility is built into the permitting and inspection system that allow for "on-the- ground" reality. The Division requests that this paragraph be removed from the permit. 2. Page 113 - Colowyo's response addresses the concerns of seed mixes for temporary structures used during active mining, but does not address the discussion of how "one seed mixture is capable of self-selection for each micro-habitat encountered in the reclaimed areas" (Volume 15, Rule 2, page 111). The proposed seed mixture listed in Table 2.05-7 contains 15 species while the Collom Expansion Area has 6 major vegetation communities and 4 minor vegetation communities with 2 sub-types (mesic and xeric). Please breakdown the seed mix to explain which species is appropriate for each of the various reclaimed vegetation types and provide evidence of other reclamation projects where a single seed mix met all the revegetation standards required by the Colorado Mined Land Reclamation Board across many vegetation communities. 3. Item Resolved. 4. The Division is not familiar with the relationship between increased broadcast seeding rates and lower plant diversity. Doubling the seeding rate for broadcast seeding to that of drill seeding is to account for loss of seeds to predation, desiccation and wind and water erosion. Please provide evidence, such as peer reviewed articles/studies, that demonstrates a relationship between increased broadcast seeding rates and an increase in competitive grass species thereby decreasing community diversity. In the interim (until the Division receives and reviews the evidence), change the wording in the text to state that areas to be exclusively broadcast seeded, rates will be double that of drilling to ensure the best possible success rate of the seed mix. Note: the proposed seed mix listed in Table 2.05-7 for Collom has a very high grass component and low shrub/forb diversity. Rather than lowering the seeding rate to increase diversity, another approach may be to lower the number of grasses in the mix and increase the number of shrubs/forbs. 5. Page 113, last paragraph - The response provided by Colowyo's does not address the concern that the text clearly states "...all previous shrub-establishment metrics indicated for use at the Colowyo mine are hereby remanded." Colowyo cannot exempt itself from the woody plant density standard. Please remove this paragraph from the permit. 6. Page 113, last paragraph - Chokecherry and serviceberry (highly desired plant species for wildlife) did not respond to the direct seeding method in the field trials at the Colowyo Mine as reported by Paschke ("Establishing Shrubs to Achieve Bond Release on Colorado Coal Mines - A Demonstration of Methods", 2008. CSU, Fort Collins, CO). Please include a plan for containerized stock in wildlife exclosures that includes these two species. 3