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Twentymile Coal, LLC. <br />Page 3 <br />August 11, 2016 <br />b. Freeboard shall be no less than .3 feet. <br />The discussion in section 4.6 of Exhibit 49EE and the cross-sections in Appendix C do not show <br />how the designs meet the above requirements. Please revise the design to incorporate these <br />requirements. <br />12. Please update Map 23c to depict the new surface disturbance area associated with the proposed <br />passive water treatment system. <br />Rule 2.05.4 <br />13. Rule 2.05.4 indicates that the application shall contain a reclamation plan for reclamation of lands <br />within the proposed permit area. In order for the treatment cells and the 6MN Reservoir to be <br />retained as permanent features TC must provide the permanent impoundment demonstration <br />required by Rule 4.05.9(13). Until these demonstrations have been submitted, TC must supply a <br />reclamation plan for the passive water treatment system and the 6MN reservoir in accordance <br />with Rule 2.05.4. The reclamation plan submitted on proposed revised page 2.05-106 and 106.1 <br />does not provide a detailed description to demonstrate compliance with Rule 2.05.4. Appendix I <br />of proposed Exhibit 49EE shows the post mine configuration of the Passive Water Treatment <br />System and 6MN Reservoir. However, Appendix I depicts very little reclamation or modification <br />of the system features and does not depict how TC intends to provide "flow through" the cells <br />and reservoir embankment. Regardless, until the permanent impoundment demonstrations have <br />been approved, the embankments of Cells 1, 2, 3, 4 and the 6MN Reservoir must be backfilled <br />and graded into the ponds and the north and south diversion must be reclaimed. The area affected <br />by these activities will need to be topsoiled and revegetated. Please update the reclamation plan <br />narrative and provide an updated post mine configuration of the proposed project area in <br />accordance with Rule 2.05.4. <br />14. Proposed pages 2.05-106 to 106.1 indicates that TC intends to retain both the passive water <br />treatment system and 6MN Reservoir as permanent post -mining features. However, TC also <br />indicated that they will prepare a permit revision for permanent retention of the treatment system <br />and reservoir prior to final reclamation and bond release. Please remove the language on <br />proposed revised page 2.05-106 that TC proposes to retain the passive water treatment system <br />and the 6MN Reservoir as a permanent postmining feature. The language on proposed page 2.05- <br />106.1 that TC will seek future approval to leave the passive water treatment system and the 6MN <br />Reservoir as permanent impoundments may remain in the text, but please add that TC will <br />reclaim these features until such a permit revision has been approved by the Division. <br />15. The North and South diversions must be removed and reclaimed in accordance with Rule <br />4.05.3(6). Please revise the reclamation plan to address reclamation of the north and south <br />diversion ditch. <br />