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33. On Map 20, Map 21-/ and Figure 1 of Volume XI, an unlabeled culvert is depicted next to culvert <br />C-Kl. What is the function of this culvert and does it need a label and designs? <br />The Division has no further concerns. BRL added a "preexisting culvert" label to Map 20 and Map <br />21-I in the January 3, 2007 submittal and to Figure 1 in the April 4, 2007 submittal. <br />34. Please add the designation for ditch D-J14 to Map 20 and Map 21-3. <br />The Division has no further concerns. Maps 20 and 21-3 were revised accordingly in the January <br />3. 2007 submittal. <br />35. Please revise Map No. 26, Previously Disturbed Areas, to show the disturbed area proposed in <br />TR-4.5. <br />The Division has no further concerns. Map 26 was revised in the January 3, 2007 submittal. <br />36. Please revise Map No. 32, Topsoil Distribution Plan, to show the topsoil storage and distribution <br />plan for the activities proposed in TR-45. <br />The Division has no further concerns. Map 32 was revised in the January 3, 2007 submittal. <br />Letters From Other A eg ncies <br />37. The Division has received the following adequacy comment letters from interested agencies: <br />A. Letter from the Colorado Division of Water Resources to the Division, dated November I5, <br />2006, in which the Office of the State Engineer states that they have no comments or <br />objections to TR-45. <br />No response was required by BRL. <br />B. Letter from the Colorado Historical Society (CHS) to the Division, dated November 16, <br />2006, which states that, based on information supplied by the Division, no historic properties <br />will be aj}'ected by the operations proposed in TR-45. The CHS cautions that State law needs <br />to be followed should human remains be discovered during mining activities. <br />No response was required by BRL. <br />C. Letter from the United States Department of the Interior - Ofjice of Surface Mining (OSM) to <br />the US Fish & Wildlife Service (USF&WS), dated November 2Q 2006, which documents <br />OSM's Section 7 Consultation with the USF&WS regarding TR-45. As a result ofthe <br />operations proposed in TR-45, the annual evaporative loss in Pond J is estimated to actually <br />decrease. <br />The Division has received the USF&WS's "Comments on the Biological Assessment" for TR- <br />45, which is attached. Because there is no increase in the water depletion estimate for TR-45, <br />