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TR-45 PRELIMINARY ADEQUACY REVIEW STIPULATION RESPONSES Stipulation 31 The permittee will submit, within a complete revision application, an appropriately amended Exhibit f 3-2A, accurately depicting the location of the light use roads associated with Sedimentation Ponds 16, 16A, and 17, by November 28, 2003. The operator did provide amended Exhibits 13-2 and 13-2A, accurately depicting the location of light use roads associated with Sedimentation Ponds 16, 16A, and 17. As such, Stipulation 31 is resolved. However, we do have one comment regarding the amended Exhibit 13-2, which was revised in the context of the stipulation response. Certain additional light use roads were also depicted on the maps, including, on Exhibit 13-2 a light use road and temporary water barrier berm associated with the aspen test plot. Based on the observations and discussion during the November site inspection, certain modifications to these facilities may be warranted. Roy Karo indicated that the road would likely closely parallel the waterline. Also, we discussed construction of a berm or ditch above the test plot that would provide sufficient grade to convey upland flow away from the test plot toward the draw to the south of the test plot. This would appear to be preferable to the berm depicted, which would appear to deflect a portion of the flow toward the steeper hillslope to the north of the test plot. We also discussed the need for construction of a temporary ditch that would be constructed below the lower end of the road and the test plot, to convey concentrated flow to the draw south of the test plot. Please amend the aspen test plot facilities on Exhibit 13-2, to accurately depict the light use road alignment and temporary drainage control diversions to be constructed above and below the test plot. Stipulation 32 For permanent road retention on reclaimed /ands, the permittee wi// submit, within a complete revision application, demonstration of compliance with 4.03.1 /1//f/ or 4.03.2111(g/ as applicable. The demonstration will include copies of signed landowner requests for road retention from each affected landowner. All roads or segments of roads requested for retention will be identified consistent with designation in the permit application /Haul Road G, Ridgeline Access Road, Oil Well Access Road, etc.). The road retention demonstration will be submitted to and approved by the Division prior to approval of Phase l bond release for any reclamation parcel that includes a road or road segment to be retained for the postmining land use. The operator included within the application submittal a copy of a draft letter and signature form that would be sent to each affected landowner. The operator requested DMG approval of the draft letter. The Division has reviewed the draft letter submitted with the application, and our determination is that the signed farms, accompanied by the letter and