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Et <br />Colorado Division of Reclamation, Mining and Safety <br />October 13, 2016 <br />Page 4 <br />3. In accordance with Rule 2.05.5(1)(b) and 4.03.2(1)(g)(ii), the Division must have written <br />documentation from the landowners indicating they desire that the proposed access road <br />and staging and storage areas be left in place. Please submit this documentation to be <br />included as part of the permit. <br />Response: Attachment 2.05.4(2)(e)-12 has been provided with the landowner requests to <br />retain the Adjacent Support Facility (ASF) areas on their respective properties. <br />4. On July 17, 2016 the Division received an objection letter to TR -75 from Mr. Jimmy Guire <br />and on August 16, 2016 we received a letter from Mr. Guire with a more detailed <br />explanation of his objection. Based on a conversation with Tony Tennyson, you have a <br />copy of this objection letter. According to this letter, Mr. Guire does not want the proposed <br />access road to remain on his property. Please revise the plan to remove the ASF parcels <br />from Mr. Guire's property. <br />Response: TR -75 never proposed an access road per the definition of Rule 1.04(111)(b). <br />What was proposed under TR -75 was to revise the postmine land use and retain a <br />reclaimed haul road as an Adjacent Support Facility or permanent feature in accordance <br />with Rule 1.04(71). Additionally, please see response to comment 7. <br />Per Mr. Guire's request, the proposed ASF areas have been removed from the property. <br />Further, all areas on Map 2.05.4-5 that were previously designated as ASF have been <br />proposed to be irrigated pasture (IP) for this landowner. <br />5. Based on the currently approved Map 2.05.4-5 a portion of the proposed ASF area on Mr. <br />Guire's property is currently approved to be reclaimed as dryland pasture. Mr. Guire's <br />objection letter indicates the property should be reclaimed to irrigated pasture. Based on <br />the baseline vegetation Map 2.04.10, the ASFparcel on Mr. Guire's property was <br />designated as either IPH (Pastureland -Irrigated Hay), IPSW (Pastureland Irrigated Swale) <br />and a small portion as SG (Rangeland — Sage Brush Type). Given this, it appears the <br />majority of the area in question was a type of irrigated pasture prior to mining. Please <br />update Map 2.05.4-5 to reclaim the proposed ASF parcel on Mr. Guire's property as <br />irrigate pasture or provide justification as to why this area should be reclaimed as dryland <br />pasture. <br />Response: Please see response to comment 4. <br />6. Mr. Guire's letter indicates that, "All land has to have means to be irrigated by since <br />flood/furrow irrigation is no longer possible. " The Division will contact Mr. Guire to <br />clarify this comment. Please explain how his property is irrigated presently? <br />AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER <br />A Touchstone Energy' Cooperative <br />