2012-07-25_GENERAL DOCUMENTS - C1981019

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acres. The SL-05 application will be adjusted downward from 987.32 acres to release 979.52 acres (924.60 acres in the East Pit and 54.92 acres in the West Pit). 2.The Streeter Gulch ditch and Gulch A ditch continue to receive runoff from areas that have not received Phase II bond release. The ditches continue to direct runoff to the Streeter Pond and Gulch A pond respectively. Streeter Gulch and Gulch A must be excluded from the SL-05 application. 3.A power-line and two-track service road owned and maintained by Tri-State Generation and Transmission Association (Tri-State) crosses the area under consideration for Phase III bond release in the East Pit area. The powerline and service road will remain in place after final bond release. Please provide, to the Division, a letter from Tri-State stating that they own the powerline and that they have right-of-way along the corridor. Colowyo needs to provide a letter from the landowner stating that Tri-State has right-of-way for the powerline, as well as a map or figure showing this right-of-way. This information needs to be incorporated into the Colowyo permit with a revision. 4.Fenced shrub plots within the Phase III application area will either need the fencing removed or a revision to the permit to allow the fencing to remain permanently. 5.Snow fencing within the Phase III bond release area needs to be removed or repaired. 6.Canada thistle patches within the Phase III application area need noxious weed control. Colowyo needs to provide documentation to the Division that weed control efforts have been implemented. 7.Eight stock tanks remain within the Phase III application area. Prior to release of these stock tanks, Colowyo must provide written documentation that these stock tanks have been permitted with the State Engineer’s Office. Colowyo also needs to provide a letter from the landowner requesting the stock tanks to remain as permanent structures, and revise the Colowyo permit to include the stock tanks as permanent structures. Drainage Reestablishment Colowyo submitted a revised SL-05 application of 22 February 2011. Colowyo removed 2.6 acres associated with the Streeter Gulch ditch, and 2.1 acres associated with the Gulch A ditch. These portions of the Streeter Gulch ditch and Gulch A ditch will be excluded from the SL-05 application. This addresses the Division’s Item No. 2 concern. The Phase III area of the East Pit drains into the Streeter Gulch Ditch and Streeter Pond or Gulch A Ditch and, ultimately, into the Gulch A Pond. No problems were noted with side-cutting along the length of the ditch and the ditch has reached equilibrium at this point. The Division is not proposing to release any portion of the Streeter Gulch Ditch or Gulch A Ditch with SL-05. Proposed Decision and Findings of Compliance 25 July 2012 Partial Phase III Bond Release Sl-05 Page 6