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est Colorado Consultants, IncJ <br />January 12, 2006 <br />Geotechnid /Environmental Engineering • Materials Terting <br />Subject: Permit Renewal RN-5 <br />Preliminary Adequacy Review Responses <br />Man' Mine -Permit No. C-80-006 <br />Jackson County, Colorado <br />Dear Mr. Bumell: <br />Mr. Jim Bumell <br />Colorado Department of Natural <br />Division of Minerals and Geology <br />1313 Sherman Street Rm. 215 <br />Denver, CO 80203 <br />Project No. OS-6371 <br />Resources <br />RECEIVED <br />JAN 1 ~ 2006 <br />UN46wn °t Minerals and ~aOIOgY <br />On behalf of Kerr Coal Company (Kerr or KCC), NWCC, Inc. is pleased to provide you with 3 <br />copies of the responses to the Preliminary Adequacy Review for Permit Renewal Application <br />(RN-5) for the Marr Mine, Permit No. C-80-006. The responses pertain to the review document <br />dated November 7, 2005 and are considered Minor Revison (MR) 41. The current permit stands <br />to expire March 20, 2006. The Division comments and the Kerr responses are provided below. <br />Rule 2.03.4 <br />1. Ken- has provided no updates to the ownership and control lists (`identification of <br />Interests') for five years. The Division requests the KCC either confirm thaf the lists found in the <br />permit application document are current and accurate or update the lists as appropriate. <br />Kerr and the Division have corresponded several times since November 9, 2005 pertaining to <br />these issues. That submittal included the MR-41 application form, a summary of the revisions <br />and additions and the revised permit text. The comments and revisions exchanged in that <br />correspondence have been incorporated into the revised permit pages provided in Attachment A. <br />Note that additional surface owner information has been obtained since the December 30, 2005 <br />correspondence, which is reflected in the revised pages. These revisions include the following <br />pages 778-1 R through 778-7R. <br />2. The surface ownership map -Map 2A, from 1996, does not show the entrance road as <br />lying within the permit boundary. On mot recent maps.......accompanying the annual <br />reclamation report the permit area is displayed as extending across the eastern portion of <br />Section 26 to connect with the county road in the NW1/4 of Section 25. Please provide a new <br />map of surface ownership that shows disturbed areas so that information is readily available for <br />bond release. <br />Map 2A has been revised to present surface ownership as of January 2006 within and adjacent to <br />the permit boundaries for the mine and the loadout areas. The disturbed/reclaimed areas are <br />indicated on the map as well, as requested. The map is included in Attachment A. <br />3. The permit application package indicates the access road will be retained. In the file are <br />comments from the US Bureau of Land Management that a permanent right of way agreement <br />will be required to retain those portions of the access road........ Please obtain a Right of Way <br />from the BLM and submit it to the Division. <br />(970) 879.7888 • Fax (970) 879-7891 <br />2580 Copper Ridge Drive • P.O. Boz 775226 • Steamboat Springs, CO 80477 <br />