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TR -10 Response to Adequacy Review <br />Page 3 <br />these revised pages. However, the revegetation plan has not been updated for the <br />cropland area. <br />Rule 4.15.7(2)(d)(ii) requires the Director of the Office of Surface Mining Reclamation <br />and Enforcement or their representative to approve the use of USDA technical documents <br />to derive the proposed success standard. Based on or telephone conversation today (July <br />30, 2013), it appears that Hayden Gulch Terminal would prefer not to update the <br />revegetation plan/revegetation success standards for the cropland area at this time and <br />would prefer to stipulate the approval of RN41TRIO as discussed in item #3 above. Given <br />this, the Division will not approve the submitted revised pages 13 and 13a of Tab 20. If <br />you concur with this proposed action, please indicate that in your next response letter. <br />Response: Hayden Gulch Terminal would prefer not to update the revegetation <br />plan/revegetation success standards for the cropland area at this time and would prefer to <br />stipulate the approval of RN4/TR10 as discussed in item #3 above. HGL will update the <br />revegetation plan/revegetation success standards for the cropland area prior to applying for Phase <br />II bond release. <br />Rule 2.10.3; Subsurface Ownership <br />4. Rule 2.10.3(1)(a) requires that each permit application contain a map of all boundaries of <br />lands and names of present owners of record of those lands, both surface and subsurface, <br />included in or contiguous to the permit area Exhibit 3 -1 depicts the surface ownership of <br />the land within and adjacent to the permit area including the Tie- Across Haul Road. <br />However, Exhibit 3 -2 depicts the mineral ownership of only the original Hayden Gulch <br />Loadout site and does not include the Tie Across Haul Road. As the Tie Across Haul Road <br />area is part of the permit area, please submit a revised map depicting the subsurface <br />ownership of all the lands included in and contiguous to the permit area <br />a. ResponselStatus: See item #S below. <br />S. Either on the map discussed in item #2 above, or within Tab 03, please provide a list of the <br />number of acres within the permit area that are owned by each of the subsurface owners. <br />a. Response/Status: For both items No. 4 and S, the response letter indicates that HGL is <br />researching the Routt County records and will submit this information as soon as it is <br />completed. Also, the letter requests the Division to approve RN4 and TRIO with the <br />stipulation that the surface and subsurface ownership information be submitted as soon <br />as it is collected and verified. The Division staff has been instructed to address issues <br />with surface and subsurface ownership information during renewal /midterm reviews. <br />Given this, the Division will not issue a proposed decision to approve TRIOIRN4 until <br />items no.4 and S listed above have been addressed. <br />Response: Exhibit 3 -2 indicates the number of acres owned by subsurface owners. <br />