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Mr. Joe Carpio - 2 - April 23, 1987 As addressed in our previous correspondence, the Division must render a decision on this notice-of-intent by April 30, 1987. Your timely response to the following concerns is needed. These concerns have been divided into two categories: the first set of comments concerns the issues raised in our March 31, 1987 letter; and the second set of comments are those that were identified while reviewing the new information received on April 9, 1987. If at all possible, please respond to the following by April 28, 1987 to allow for our review. A. March 31. 1987 Letter 1. This concern pertained to identifying a specific date when reclamation activities, if undertaken by this notice-of-intent, would be completed. We will not be able to issue a coal exploration permit if such a date is not stated since reclamation activities and eventually bond release would be tied to this date. While we understand your concern regarding the potential for not obtaining a coal permit, the State must ensure that reclamation can and will be achieved after exploration or mining. Therefore, we have developed reclamation costs accordingly. We can state that to date we have not identified a fatal flaw that would cause us to believe you would be unable to obtain a coal mining and reclamation permit. 2. To address previous coal mining activities, you referenced the attached document. With your concurrence, we proposing keeping pages 2.04-1 and 2.04-7 to -9 to address past mining at this site. 3. To address coal exploration activities, we split our concern into seven parts. We have identified that concern 3.B. is resolved since you have a Division of Mines permit, concern 3.F. is resolved if you concur with our keeping of pages 2.05-20 to -23 and Exhibit 7, and concern 3. G. is resolved. In your reply, you clumped the response for concerns 3.C., 3.D., and 3. E. into one reply. As previously addressed, the Division is unable to substantiate the construction and usage of the bins, conveyor, and screening plant for a less than 250 ton notice-of-intent. For the notice-of-intent, the Division believes it is entirely feasible to utilize the existing access road to transport the maximum 250 tons of coal from the bench to the County road. If sorting is required for customer test burns, La Plata could use a portable screener and stacker. Since the bins have already been constructed, they could be used for storage, if necessary. 4. To address Maps, the Division proposes, with your concurrence, to keep old Map 6 - Drainage and Sediment Control and new Map 12 - Postmining Topography. 5. To address reclamation activities in ,this concern and concern 6, the Division proposes to keep, with your concurrence, pages 2.05-25 to -47 and pages 2.06-3 to -5 of the attached document to address reclamation concerns.