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Section 2.05.5, Postmining Land Use 26. On page 10 of the introduction to Volume Xl, a statement is made that the coal refuse pile will be reclaimed to the postmining land use ofpasture. This issue is still under review by the Division. The Division has reviewed BRL's proposal to reclaim gob pile no. 3 to the postmining land use of pasture. The Division does not believe the relatively steep slopes of the reclaimed gob pile would be appropriate for use as a pasture. Please explain BRL's position or propose a different postmining land use. Section 2.05.6, Mitigation of the ImRacts of Mining Operations 27. How will BRL ensure that coal fines and wash water from the overhead conveyor that goes to the proposed new gob pile do not get onto the highway or into the Fire Mountain Canal? In the January 3, 2007 submittal, BRL stated that the conveyor over the highway will be completely enclosed, thereby protecting the canal and highway from coal dust and wash water. The Division agrees with BRL, provided that there are no leaks in the enclosure. 28, Please update the Probable Hydrologic Consequences (PHC) section of the permit application to include a discussion of the effects of the gob pile no. 3 area on the hydrologic regime. In the January 3, 2007 submittal, BRL provided revised pages 2.05-74, 75, 76i and 76ii to show that leachate from the mine site will have a negligible impact on the North Fork of the Gunnison River. However, it appears that revised page 2.05-76i should be 2.05-75i and revised page 2.05- 76ii should be 2.05-75ii. Please revise these two pages. The PHC discussion, however, does not include other possible effects to the hydrologic regime. Since the proposed gob pile will be so close to a long segment of the Fire Mountain Canal, please update the PHC section with a description of how the water in the Fire Mountain Canal will be protected from effects from the proposed gob pile. Please include in the discussion the possible effects from surface runoff; from the gob pile leachate and from the fugitive dust from the gob pile and gob pile operations. Section 2.10, Maps and Plans 29. As required in Rule 2.10.1(3), please add the permit boundary line designation to the map and in the legend for Map 21-1 and Map 213. The Division has no further concems. Maps 2I-1 and 213 were revised in the January 3, 2007 submittal. 30. Please add the sediment fence/trap designations to the map and in the legend for Map 2/-I and Map 213. The Division has no further concerns. Maps 21-I and 213 were revised in the January 3, 2007