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Susan Burgmaier -4- November 24, 2014 <br />BRL - References to design information for the gob piles, #2, #3 and #4 were added to page <br />2.05 -62. <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 consultation was <br />included in the EA for the Spruce Stomp lease. Since the completion of those consultations, the <br />US Fish and Wildlife Service ( USFWS) has proposed a rule to designate critical habitat for the <br />western distinct population of the yellow - billed cuckoo (79 FR 48547 48652). The proposed <br />designated critical habitat area along the North Fork of the Gunnison River extends from the <br />town of Hotchkiss east to approximately 1.5 miles east of Terror Creek. It appears, based on the <br />proposed map provided by the USFWS (Unit 56: CO -3 North Fork Gunnison River), that BRL's <br />entire current permit boundary is outside of the proposed critical habitat area. BRL is currently <br />in compliance with the Rules regarding threatened and endangered species (Rules 2.04.11, <br />2.05.6(2) and 4.18). <br />BRL - No response required. <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 />BRL - Page 2.05 -106 (PR -14 numbering) was revised as requested. <br />14. The Colorado Discharge Permit System (CDPS) permit expired on August 31, 2009, and BRL <br />has been authorized by the Water Quality Control Division of the Colorado Department of <br />Health to continue operations under the expired permit. When BRL receives a new or renewed <br />CDPS permit, please submit a revision to incorporate the permit document into Exhibit 11 of <br />Tab 3 of the approved permit application package. <br />BRL - Request noted. <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. Many of <br />the Pond D drainage area ditch and culvert designs have also been redesigned, so the <br />information contained in Volume IV for those ditches and culverts is no longer applicable. <br />Please revise the note in the Volume IV table of contents to mention that culverts and ditches <br />have also been redesigned and that the design information is included in Exhibit 8 of Volume <br />111. <br />BRL - The note was added to the table of contents page for Volume IV. <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 generated <br />by mining in the currently approved mine plan: <br />