2013-03-11_REVISION - C1981019 (2)

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However the APE, as defined by 36 CFR 800.16(d), should include the geographic area or areas within which an undertaking may directly or indirectly cause alterations in the character or use of historic properties [36 CFR 800.16(1)(1)], if such properties exist. Furthermore, as discussed in yesterday's meeting, we believe the OSM is also required to consider reasonably foreseeable effects caused by this undertaking that may occur later in time, be farther removed in distance or be cumulative [6 CFR 800.5(a)(1)]. As such, we recommended that the APE be expanded to include the location of the Little Collom Sump and the Little Collom Pond, as well as the portion of the Little Collom Gulch connecting these two mine - related features due to the increased water flow anticipated herein. Further, we believe that an appropriate APE should include a sufficient horizontal buffer for all indirect effects (including visual, noise, vibration, and erosion) that may result from the undertaking. We recommend that indirect APE not only consider vibration anticipated from the proposed mining activities, but the potential increased erosion within portions of Collom Gulch, Little Collom Gulch, and West Fork Jubb Creek located downslope from the proposed Collom Lite and Little Collom X mine locations. Response: Per your request, OSM has updated the Area of Potential Effects (APE) to include the permit boundary outlined (enclosed map - depicting the permit boundary, Collom Lite and Little Collom X areas, and archaeological sites) in the company's permit application package, which covers the area outside of the direct footprint area of the Collom Lite and Little Collom X mines. This update also includes all associated facilities including the Little Collom sump and the haul road to the load out facility. The revision to the APE will ensure coverage on all areas of proposed disturbance within the permit boundary submitted in the application and will provide a large buffer zone around the disturbance areas. Furthermore, for sites identified as needing further work (5MF6066, 5MF1316, 5MF6068, SMF5420, 5MF6120 and 5MF6126) but identified outside of the permit boundary, the State and OSM do not have legal jurisdiction on these lands under the Surface Mine Control and Reclamation Act (SMCRA) and they will not be included in the revised APE. If mining impacts are suspected additional evaluation will be undertaken and potentially a Notice of Violation (s) written for off -of -site impacts. The drainage area between the Collom Sump and the Little Collom Pond is not permitted for disturbance within the permit application package (PR -03). In spite of this; the company has volunteered to monitor this area through a monitoring plan which is outlined in more detail below under comment 2. Rules and regulations promulgated under SMCRA, the Division of Reclamation Mining and Safety (Division), and the Colorado Department of Public Health and Environment Water Quality Division requires the company to route all water, mining related and stormwater, through a permitted outfall location. The company has included in the permit application package for the Collom Expansion a series of permanent and 2