2011-06-21_REVISION - C1981019 (3)

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C1981019, TR84 Adequacy No. 3 response June 21, 2011 The Division has reviewed Colowyo Coal Company's (CCC) application for a technical revision (TR84). This second adequacy letter addresses CCC's adequacy response received on April 11, 2011. I have repeated the Division's comments from our February 25, 2011 second adequacy, with the Division's review comments added in blue. Please find the Division's comments: Aspen and Tall Shrub Establishment Areas Page 4.15-12, third paragraph - The field study areas for Aspen (20 acres) and tall shrub (20 acres) have been reduced proportionately (18.5 and 12.0 acres respectively) to the corresponding reduction in plant community disturbance. It is the Division's understanding that 20 acres each was felt to be an adequate size for successful field trials rather than a proportion of disturbed habitat (see CDOW letter dated March 7, 2008). Does the CDOW still require 20 acre plots for field trials? Page 4.15-12, third paragraph - Colowyo's response to the Division's comment states that an agreement was negotiated, in a meeting that took place on September 28, 2010, to reduce the size of the aspen and tall shrub planting areas. The Division is familiar with this meeting and its attendees, but has not received any official correspondence from CDOW regarding the changes proposed by Colowyo. As per Rule 4.15.8(7), CDOW must approve these changes. Please submit a letter from CDOW, on CDOW letterhead, stating their approval of changes to Stipulation 13 and the proportional reduction of the 20 acre aspen and tall shrub planting areas. Colowyo's Response: Colowyo has attached a letter to this communication from CDOW dated May 27, 2011 that confirms the original intent of the discussions and points of agreement as previously described by Colowyo in this process. 2. Page 4.15-12, bullet 1 and page 4.15-12, bullet 2 - It is stated "Colowyo agrees to establish one small (one acre) aspen establishment area..." This statement should read "Colowyo agrees to establish 1-20 acres (or many field trial areas with a cumulative area not less than 20 acres) Aspen establishment area..." Please fix text accordingly. This statement may be contingent on the decision by the CDOW of bullet #1 above. Page 4.15-12, bullet 1 and page 4.15-12, bullet 2 - See the Division's comment regarding item No.1 above. Colowyo's Response: Colowyo has attached a letter to this communication from CDOW dated May 27, 2011 that confirms the original intent of the discussions and points of agreement as previously described by Colowyo in this process. 3. Page 4.15-13, bullet lc -It is stated "Approximately 48 inches of topsoil will be placed to replicate common topsoil depth conditions..." Please change the topsoil replacement depth to "at least 48 inches" which better replicates the conditions in the undisturbed areas, and to