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The stipulation has been complied with the approval of the RN -06 application. The current progress of <br />the RDA Expansion does not extend beyond the originally delineated Phase I area. The RDA -4a ditch is <br />in place which diverts water from entering the currently placed refuse on the southeast portion of the <br />CRDA expansion area. TCC will need to construct an additional perimeter collection ditch in conjunction <br />with the initiation of Phase II of the CRDA expansion. Phase II will involve an additional 30 acres of <br />disturbance for the Phase II footprint and soil removal buffer zone. All bonding costs associated with the <br />Phase II expansion had been incorporated in the RN -06 cost estimate and were updated with this midterm <br />review. <br />SECTION IV — MIDTERM ADEQUACY QUESTIONS <br />Pursuant to 2.08.3, the Division finds that the permit application C-1982-056 contains several deficiencies <br />discussed below. This issues were identified following the review of the permit application for the <br />purpose of fulfilling the requirements of the Colorado Surface Coal Mining Reclamation Act, and the <br />Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. The Division requests <br />that the permittee correct the deficiencies by submission of revised permit pages under appropriate <br />revision applications, or by activities on the ground, by February 23, 2016. <br />2.03.4Idendrication of Interests <br />1. Please review ownership and control information provided in Section 2.03.4(3) of the permit and <br />Exhibit 47 and provide any necessary updates. <br />2. The following entities are depicted on Map 1; Surface Ownership Map, but are not listed in <br />Section 2.03.4(6)(a) of the application: Edward C. Dilgardo and Ruth Swisher. Please provide <br />the information required by Rule 2.03.4(6)(a) for these entities/persons. <br />3. Please review and update the Surface Ownership information provided in Section 2.03.4(6)(a) in <br />relation to Map 1. Please insure that any entity/person that is listed in this section of the permit <br />has their property correctly depicted and labeled on Map 1. <br />4. Map 2; the Coal Ownership map depicts the boundaries of the coal ownership areas and labels <br />each area with their respective owner. Section 2.03.4(6)(a) and (b) of the permit has a list of the <br />Coal Ownership within the Life of Mine Permit Boundary. This list does not appear to include all <br />of the names of the coal owners depicted on Map 2. Please review and update the Coal <br />Ownership information in section 2.03.4(6)(a) and (b) on page 2.03-15 to list all owners that are <br />shown within the permit boundary. <br />2.03.5 Compliance Information <br />5. Based on the Division's records, Twentymile Coal, LLC. has not received a violation within the <br />last three years. Please update section 2.03.5(3) of the application to delete any information <br />about violations received more than three years ago. <br />2.03.6 Right of Entry Information <br />6. In section 2.03.6 of the permit, TCC lists the documents upon which they base their legal right to <br />enter and conduct the mining operation. In accordance with Rule 2.03.6(1), each document cited <br />must identify the specific lands to which the document pertains. The following cited documents <br />do not specify which lands they pertain to: 91, 94 and 95. For each document please add a <br />description of the specific lands to which they pertain. <br />7. In section 2.03.6 of the permit, for documents 929 (Warranty Deed; January 29, 1973), 930 <br />(Warranty Deed, dated May 1, 1974), 931 (Warranty Deed; September 27, 1978) and 932, please <br />revise the pages to indicate if the right -to -enter applies to surface or mineral rights or both. <br />Foidel Creek Mine -5- 11/23/2015 <br />