2018-07-09_GENERAL DOCUMENTS - C1981019 (3)

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TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.O. BOX 33695 DENVER, COLORADO 80233-0695 303-452-6111 Sent via email: zach.trujillo@state.coms July 9, 2018 Mr. Zach Trujillo Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Colowyo Coal Company L.P. Permit No. C-1981-019 Exhibit 5 Item 3 Variance Request — Site BK -2-062518 Dear Mr. Trujillo: Tri=State Generation and Transmission Association Inc. (Tri-State), is the parent company to Axial Basin Coal Company, which is the general partner to Colowyo Coal Company L.P. (Colowyo). Colowyo operates under the Division of Reclamation, Mining, and Safety (Division) Permit No. C1981-019. On June 25, 2018 during topsoil removal activities, Colowyo discovered a cultural resource site (denoted as BK -2-062518) that was determined to be an eligible site for the National Register of Historic Places (NRHP). At the initial discovery, in accordance with Exhibit 5, Item 3 of Colowyo's permit, 100 feet in all directions of the site were closed off from operations to protect the site. Notifications of the discovery were submitted to your office, the Office of Surface Mining and Enforcement (OSMRE), and the Office of Archaeology and Historic Preservation (OAHP) on June 26, 2018. On July 2, 2018, OSMRE and OAHP provided their concurrence on the eligibility of the site their approval of the proposed treatment plan for the site. In accordance with Exhibit 5 Item 3, a 100 foot area in all directions of the site must be closed from operations until the site can be mitigated. As noted above, this buffer area around site BK -2-062518 has been in place since the site was discovered on June 25, 2015. Tri-State on behalf of Colowyo is formally requesting a variance from the 100 foot requirement around several areas north, northwest, northeast, and east of the site. The areas being requested for the variance have been fully disturbed during construction of the Collom Haul Road, and a Colorado permitted archeologist has cleared the area previously during topsoil removal activities. Therefore, granting this request will not have any impacts to unknown cultural resources as the area has been previously determined to be free of cultural resources, and this will allow Colowyo to continue critical construction operations for the Collom Haul Road while the site is mitigated. Two figures have been attached for your review. Figure 1 provides the location of site BK -2-062518 and illustrates the 100 foot buffer area around the site. Figure 2 provides the location of the site and requested variance area within the larger 100 foot buffer area. AN EQUAL OPPORTUNITY /AFFIRNATIVEACTION EMPLOYER CRAIG STATION ESCALANTE STATION NUCLA STATION _ / t P.O. BOX 1307 P.O. BOX 577 P.O. BOX 698 A Touchstone Enere Cooperative .� CRAIG. CO 81626-1307 PREWITT. NM 87045 NUCLA. CO 81424-0698 970-824-4411 505-876.2271 970.864-7316