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<br />iiiiiiiiiiiiiiiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80207 <br />Phone: (303) 866-3567 <br />FAX: (3031 832-8106 <br />July 31, 1995 <br />~I~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />Mr. Henry Barbe lames s. lncnneaa <br />Mountain Coal Company Eaecmive Director <br />P.O. BOX 591 Michael B. Long <br />Somerset, CO 81434 Division Director <br />RE: Minor Revision No. 160; Aest Elk Miae; Permit No. C-80-007 <br />Dear Mr. Barbe; <br />For the purposes of filing, Mountain Coal Company's (MCC) <br />application for the above referenced minor revision was deemed <br />incomplete on July 20, 1995. Missing from the application was a <br />bond estimate for the cost of removal of the steps to the raw water <br />intake gallery and the outlet of MB-3. The Division has estimated <br />a cost for this reclamation task and is enclosed with this letter. <br />If the estimate is acceptable to MCC, the Division will deem the <br />application complete and subsequently approve the application. The <br />estimate was computed to also include an estimate for Minor <br />Revision No. 161, currently under review by the Division. The <br />Division's adequacy review letter regarding MR#161 has been sent to <br />MCC under separate cover. <br />MCC's previous reclamation liability was $5,455,638.00. With the <br />addition of costs associated with this minor revision and MRf161, <br />the new liability is $5,457,335.00. As MCC's reclamation bond is <br />$5,700,000.00, no additional bond is needed. <br />Rule 4.05.18, Stream Buffer Zones, states that no land withing 100 <br />feet of a perennial stream shall be disturbed by surface coal <br />mining operation. In 1981 a variance to this rule was given for <br />certain facilities that MCC had proposed to construct at that time. <br />This variance was clarified in 1993. As the steps to the two <br />facilities relate to the structures for which the variance was <br />approved, the Division will approve the construction within the <br />stream buffer zone. <br />In the application MCC states that the berm between the surface <br />operations area and the river may be temporarily breached in order <br />to access the area for construction. MCC also states that the <br />hydrologic balance will be maintained by placing either strawbales <br />or a temporary berm at the existing alignment during construction. <br />The Division reminds MCC, that under no circumstance shall water <br />leave this area without first going through the sediment pond as <br />