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Bowie No. 2 Mine (C- 1996 -083) <br />include Gob Piles #3 and #4. <br />MT- 4 <br />12. A Section 7 consultation of the permit area excluding the Spruce Stomp lease area was <br />completed with Permit Renewal No. 3 in April 2012, and an informal Section 7 <br />consultation was included in the EA for the Spruce Stomp lease. Since the completion of <br />those consultations, the US Fish and Wildlife Service ( USFWS) has proposed a rule to <br />designate critical habitat for the western distinct population of the yellow - billed cuckoo <br />(79 FR 48547 48652). The proposed designated critical habitat area along the North Fork <br />of the Gunnison River extends from the town of Hotchkiss east to approximately 1.5 miles <br />east of Terror Creek. It appears, based on the proposed map provided by the USFWS <br />(Unit 56: CO -3 North Fork Gunnison River), that BRL's entire current permit boundary is <br />outside of the proposed critical habitat area. BRL is currently in compliance with the Rules <br />regarding threatened and endangered species (Rules 2.04.11, 2.05.6(2) and 4.18). <br />13. Please update page 2.05 -100, referencing the location of sedimentation control plan, to <br />include Volumes IX and XI for the gob pile area sedimentation control plans. <br />14. The Colorado Discharge Permit System (CDPS) permit expired on August 31, 2009, and <br />BRL has been authorized by the Water Quality Control Division of the Colorado <br />Department of Health to continue operations under the expired permit. When BRL <br />receives a new or renewed CDPS permit, please submit a revision to incorporate the <br />permit document into Exhibit 11 of Tab 3 of the approved permit application package. <br />15. The Table of Contents page for Volume IV includes a note that Pond D was redesigned <br />under TR -43, and indicates where design information for Pond D is currently located. <br />Many of the Pond D drainage area ditch and culvert designs have also been redesigned, so <br />the information contained in Volume IV for those ditches and culverts is no longer <br />applicable. Please revise the note in the Volume IV table of contents to mention that <br />culverts and ditches have also been redesigned and that the design information is <br />included in Exhibit 8 of Volume 111. <br />16. Based on the following information, it appears that BRL does not have adequate storage <br />space in its existing refuse disposal areas to handle the refuse material that will be <br />generated by mining in the currently approved mine plan: <br />• BRL reported 3.3 million tons of coal produced in 2013; information provided in the <br />quarterly refuse area inspection reports indicate that 844,429 tons of refuse were <br />placed in the existing refuse disposal areas in 2013. That suggests a ratio of roughly <br />255,888 tons of refuse generated per 1 million tons of coal produced. <br />• In 2014, 1.4 million tons of coal were produced in the first half of the year, with <br />528,517 tons of refuse placed. That suggests a ratio of roughly 377,512 tons of <br />refuse generated per 1 million tons of coal produced, with is a higher ratio of refuse <br />to coal than observed in 2013. <br />• Based on the 2014 rate of refuse generation, just under 2.4 million tons of refuse <br />Page 14 of 22 <br />