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Twentymile Coal, LLC. <br />Page 2 <br />May 9, 2016 <br />4. In a letter dated September 8, 2015 from Edward Nichols the State Historic Preservation Officer <br />(SHPO) that was sent to the Division regarding MR289, PR10 and PRI 1, SHPO agreed that sites <br />5RT3324 and 5RT3325 are eligible for listing on the NRNP. In accordance with Rule <br />2.05.6(4)(b), please provide a protection plan for the 5RT3325 site in section 2.05.6(4) of the <br />permit located on page 2.05-171. <br />2.04.9 Soils Resource Information <br />5. The proposed affected area for the 9 East Borehole is outside of boundaries of the know soil <br />resources found at the site depicted on Map 17 and discussed in section 2.04.9 of the permit. For <br />the proposed affected area, please provide the information required by Rule 2.04.9. <br />2.05.3(4) — Ponds, Impoundments, other treatment facilities and diversions <br />6. Based on the information presented in the proposed Exhibit 49EE the structure details associated <br />with proposed diversion ditches 1, 2, and 3 were completed without freeboard. There was no <br />discussion in the provided text or design to serve as a justification not to include freeboard in the <br />proposed ditch designs. Per Rule 4.05.3(7)(b), diversion design shall incorporate freeboard no <br />less than 0.3 feet. Please provide detail designs which include freeboard of no less than 0.3 feet <br />for the proposed diversion ditches or provide a justification to the Division discussing the reason <br />designs without freeboard meet the requirements of Rule 4.05.3(7)(b). <br />2.05.3(5) — Topsoil <br />7. Please revise the narrative regarding topsoil on proposed revised page 2.05-84.14 and Table 49A; <br />if necessary, depending on the soil resources identified within the proposed disturbed area based <br />on your response to the soil resource information adequacy review issue cited in section 2.04.9 of <br />this review. Likewise please revise the topsoil narrative in the mine facilities section of the <br />permit regarding the proposed 9 East Borehole on proposed revised page 2.05-45.30 if necessary. <br />2.05.4(2) — Reclamation Plan <br />8. It appears the pre -mine land use of the proposed affected area is pastureland based on Map 3 of <br />the permit. Proposed revised page 2.05-106.1 indicates that the affected area will be seeded with <br />the rangeland seed mixture. According to section 2.05.5 of the permit, TC will reclaim the <br />affected area to the premine land uses. Given this, it would seem the pastureland seed mixture <br />would be more appropriate for use. Please revise this page accordingly. <br />9. Proposed revised page 2.05-106.1 does not follow the preceding page. Please review this section <br />and insure the pagination, organization and text follows the preceding page and following pages. <br />2.05.6 Mitigation of Impacts <br />10. TC consulted with Colorado Parks and Wildlife (CPW) regarding the proposed project. <br />According to the e-mail sent to CPW submitted with the application, the project will occur in the <br />general area of two Sharptail Grouse Leks. Based on this consultation is appears that CPW and <br />TC concur that mitigation techniques include the construction of topsoil berms to minimize noise <br />