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Division Concern <br />2. In the cover letter, Cyprus states the low quality coal might be <br />shipped to Twentymile to be washed. Rule 4.10.1(2) states, <br />"Coal Mine Waste Materials form activities located outside a permit <br />area, such as those activities at other mines, may be disposed of <br />in the permit area only if approved by the Division. Approval shall <br />be based on a showing by the person who conducts surface coal mining <br />operations in the permit area, using hydrologic, geotechnical, <br />physical, and chemical analysis that disposal of these materials <br />does not (a) adversely affect water quality, water flow or <br />vegetation (b) create public health hazards (c) cause instability <br />in the disposal areas." <br />Prior to hauling low-quality coal to the Twentymile mine, a <br />technical revision must be submitted and approved by the Division <br />addressing the regulation noted above. This revision must be <br />submitted under the Twentymile permit and approved by DMG prior to <br />Eagle shipping and disposing the low quality coal. <br />CEC Response <br />CEC is familiar with the regulation as quoted, and as discussed we <br />have revised the enclosed page to reflect that CEC will not ship the <br />low quality coal material to TCC until the Division has approved <br />such under Permit C-82-056. While we do not neccessarily agree that <br />a TR would be required, we will defer to the judgement of the TCC <br />personnel and the lead Division inspector for that operation on this <br />matter. <br />Lastly, CEC requests that the decision date for this MR be extended <br />to June 28, to allow the Division time to review the responses. <br />Erica, your cooperation in this and other matters has been greatly <br />appreciated. Should you have any questions or comments, please <br />contact me at your convenience. <br />Sincerely, <br />Marcus A. Middleton <br />Environmental Engineer <br />