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PQabody <br />BTU Empire Corporation <br />29515 Routt County Road s27 <br />Oak Creek, CO 80487 <br />970.879.3600 <br />October 31, 2007 <br />Ms. Janet Binns <br />RECEIVED <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 N~~ Q 1 ZQQ~ <br />Denver, Colorado 80203 Division of Reclamation, <br />Mining and Safety <br />RE: BTU Empire Corporation -Eagle Mine; Permit No. C-S1-044 <br />Technical Revision No. 34 (TR07-34) -Non-Coal Solid Waste Disposal Facility <br />Response to Comments <br />Dear Ms. Binns, <br />BTU Empire Corporation has reviewed your adequacy letter of October ] 9, 2007 and has prepared the <br />following responses and enclosed updated information for your review and approval. <br />General Comment <br />Formatting of the proposed pages do not fit in the previously approved pages (approved Sat May <br />26, 2006). <br />Response: We are sorry that the bolded text put in the document caused concern. It was intentionally <br />done to highlight the Solid Waste Disposal language that this TR was initially submitted for. We have <br />removed all bolding from the enclosed revised text. <br />Revised page 2.05-24, under "Sealing of Monitoring Wells ", the second line referencse Rule <br />Section 4.97. Please correct this reference to Section 4.07. <br />Response: The reference has been con•ected in the enclosed revised text. <br />2. The proposed wording on revised page 2.05-28 is misleading. Paragraph 1, line 12, states "Once <br />the waste material reached its desired height, the remainder of the excavation was covered with <br />bac~ll material from disturbed areas surrounding the portal excavation. " This statement <br />indicates that the final waste material fill height has been reached for the No. 9 Portal waste area. <br />The Division believes that BTU EC still maintains the pile several feet below the designated <br />elevation. BTU EC has not initiated final bacl~ll, grading and topsoil operations on the No. 9 <br />Portal waste pile. If, as stated on revised page 2.05-28, the waste material has reached the <br />designed height, reclamation activities would need to commence. Please revise the statement on <br />revised page 2.05-28, to reflect actual conditions on the ground. <br />Response: The referenced text has been reviewed and revised to reflect that placement of waste <br />material is ongoing, and that reclamation will occur once the waste fill reaches the design capacity. <br />Copies of the revised text accompany these responses. <br />7807-34 1 10/31 /2007 <br />