2015-07-22_REVISION - C1982056 (3)

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COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 July 22, 2015 Jerry Nettleton Twentymile Coal, LLC 29515 Routt County Road 27 Oak Creek, CO 80467 RE: Foidel Creek Mine; C-1982-056 — Permit Revision No. 11 (PRII), Incompleteness Response Review Dear Mr. Nettleton: The Colorado Division of Reclamation, Mining, and Safety (Division) has reviewed your response to our incompleteness letter for the above referenced revision. Thank you for supplying the information requested. All of the items have been addressed with the exception of item No. 3 of the Division's incompleteness letter. The item is listed below along with your response. Section 2.04.4 of the permit was not updated to address the requirements of Rule 2.04.4 regarding the proposed increase of 150 acres of affected area associated with mining in the Wolf Creek Reserve. Please update this section of the permit with the information required from Rule 2.04.4. a. Twentymile Coal (TC) response: Through and oversight, cultural resources coverage for the referenced area was not addressed, as noted in the comment. We are currently checking with our archaeology contractor relative to previous coverage for this area. We have an archaeology field team on-site doing some other work, and will work with them to complete supplemental coverage as necessary to address any areas not covered by previous surveys. The referenced text section has been reviewed and revised to reflect these considerations, and a report will be submitted, following receipt from the contractor and our internal review, addressing any areas no previously surveyed. b. Division's response: Based on our e-mail correspondence from July 16th, there are areas within the 150 acres that have not been previously surveyed and TC intends to re -survey several other sites. Given this, the application may not currently contain a complete description of the cultural and historic resourced listed or eligible for listing on the National Register of Historic Places and significant known archeological sites existing on the date of application within all areas proposed to be affected by the mining operation. It appears TC intends to submit the results of the contractor's survey when it is completed to be included in the Confidential Appendix in Exhibit 6L. Once the survey is completed and reviewed by your staff, please submit the information to be included in Exhibit 6L. OF COLO 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I * I *i John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director * *1876 *