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Colowyo, C1981 -019, PR3 adequacy No. 3 35 July 22, 2011 <br />CCC has not addressed this item- This item remains inadequate. <br />Rule 4.16 Post- Minine Land Use <br />1. CCC states that "Grazing has not been allowed within the initial Colowyo Permit area since <br />fences were constructed in 1977 and will not be allowed in the additional permit area until final <br />bond release is achieved." Please provide an explanation of how CCC proposes to demonstrate <br />that the reclaimed lands will be capable of supporting the post- mining land use of rangeland <br />and grazingland if grazing pressure has not been implemented. <br />This item has been adequately resolved. <br />2. The operator has proposed a post mining land use of grazingland for a large portion of the <br />reclaimed Collom area. The Division is currently in the process of conducting formal role <br />changes to the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining <br />(Rules) to identify grazingland as a defined post- mining land use. Should the Division propose <br />to approve PR3 Collom mine expansion prior to final rule change promulgation; the post - <br />mining land use will require revision to an approved land use as defined by Rule 1.04(71). <br />Grazingland is currently not a recognized post- mining land use designation in accordance with <br />Rule 1.04(71). Until such time as role changes are promulgated, please use post- mining land <br />use designations as found in the Regulations. Please change all references to grazingland to <br />Rangeland. At this time, the Division is unable to approve a post- mining land use as <br />"grazingland" as this land -use designation is not currently defined in the approved regulations. <br />CCC has revised the post mining land use to RaugclandrFish and Wildlife Habitat. This change <br />iv acceptable. <br />4.18 Protection of Fish, Wildlife, and Related Environmental Values <br />1. At the time of the Adequacy Review for PR -3, the Division received comments from the <br />Division of Wildlife (attached letter Feb 15, 2011) pertaining to the mitigation of impacts to <br />wildlife. The Division will not make further comments about Rule 4.18 — Protection of Fish, <br />Wildlife, and Related Environmental Values, until Colowyo has had a chance to review this <br />letter and make appropriate changes to PR -3. <br />At the time of the Division's second Adequacy Review for PR -3 (April 2011), Colowyo was in <br />the process of contacting the Colorado Division of Wildlife (CDOW) to discuss the issues <br />raised in CDOW letter dated Feb 15, 2011. The Division will not make comments about <br />Colowyo's wildlife mitigation plan until Colowyo submits a plan incorporating the results of <br />the meeting. <br />CCC has appropri atcly responded to this item. However, several item regarding cstablislunent <br />and success criteria remain inadequate as mentioned in other portions of this letter. <br />