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COLORADO <br />Division of Reclamation, <br />A7 Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />August 24, 2016 <br />Jerry Nettleton <br />Twentymile Coal, LLC. <br />29515 Routt County Road 27 <br />Oak Creek, CO 80467 <br />RE: Foidel Creek Mine; C-1982-056; TR84 Adequacy Review No. 2 <br />Dear Mr. Nettleton: <br />The Colorado Division of Reclamation, Mining, and Safety (Division) has received a comment letter from <br />Colorado Parks and Wildlife (CPW). The Division forwarded you the comment letter on August 18, <br />2016 via e-mail. <br />CPW's letter identified three recommendations. The first recommendation pertains to water discharge <br />that may impact Fish Creek that this project is specifically designed to address. Given this, the Division <br />does not have any additional requests based on this comment. The second recommendation is for <br />Twentymile Coal, LLC. (TC) to ensure the treatment ponds do not trap wildlife and prohibit wildlife from <br />exiting each pond. The third recommendation requests that TC preclude the use by livestock in all <br />wetland areas that are created as a result of this project. Given the second two recommendations, please <br />address the following items: <br />1.) Based on your e-mail response when the Division forwarded you the CPW comment letter, you <br />indicated that the design of the pond had already taken the recommendations provided by CPW <br />into account. Please explain how the passive water treatment system was designed to not trap <br />wildlife and prohibit wildlife from exiting the ponds? Please update section 2.05.6(2) of the <br />permit with this discussion. <br />2.) The Division agrees that the exclusion of livestock from the passive water treatment system <br />would be appropriate. Does TC intend to exclude livestock from the passive water treatment <br />system? If so, please explain how this will be done in section 2.05.3(3) of the permit. <br />The adequacy review issues identified in the Division's first adequacy review letter have not been <br />resolved at the writing of this letter. TC must address the issues identified in the Division's first adequacy <br />review letter and the additional items identified in this letter. The Division is required to issue a proposed <br />decision for this revision by September 26, 2016. If you need additional time to address the adequacy <br />review items, please request an extension of the decision date. <br />If you have any questions feel free to contact me at (303) 866-3567, extension 8120. <br />pF COlO <br />H <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I <br />John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director ** <br />