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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 />and that artificial lighting will be minimized on site. Please add a 9 East Utility Borehole section <br />to section 2.05.6(2) of the permit and add a narrative specifically citing these mitigation measures <br />agreed upon with CPW. Please discuss the configuration of the topsoil berm(s) and ensure the <br />appropriate maps submitted for the revision reflect the design and orientation of the topsoil <br />berm(s). <br />Map 24 <br />11. TC proposes to revise Map 24 (Sheet 4). The map image is shifted east from the map currently <br />approved and thus it cuts off portions of the main facilities area, the 18LT Vent Shaft site, The <br />Fish Creek Borehole site, 15LT Borehole and the 16LT Borehole. Please either revise the map to <br />depict these features or submit additional maps that cover these areas. <br />Map 23c and 29 <br />12. Please submit an updated Map 23c and Map 29 that depict the MR296 proposed disturbance. <br />Cost Estimate <br />13. The Division will conduct a cost estimate for this revision when the amount of topsoil to be <br />replaced has been confirmed based on the responses to this adequacy review. <br />This concludes the Division's preliminary adequacy review of MR296. The decision date for the revision <br />is May 191, 2016. If you need additional time to address the issues cited above, please request an <br />extension of the decision date. <br />