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III IIIIIIIIIIIIIIII 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 D I v I s I O N o f Denver, Colorado 80203 Phone: (303) 866-3567 MINERAL S FAX: 1303) 832-8106 & GEOLOGY RECLAMATION MINING•S AFETY September 28, 2001 Bill Owens Powderhom Coal Company cover^or Mr. Jim Stover, P.E. Greg E. watcher J.E. Stover & Associates,lnc. Executive Director 2768 Com ass Drive, Suite 101 p Michael B. Long Division Director Grand Junction, CO 81506 Re: Adequacy Review -Minor Revision No. 52 -Proposed Revision of Reclamation Schedule - Powderhoro Coal Company, Permit No. C-81-041 Dear Mr. Stover: We have reviewed the above-referenced minor revision application, and we conclude that the minor revision cannot be approved as submitted. A number of the changes you requested involve significant land use and reclamation plan changes. These changes cannot be considered under the regulatory scheme for minor revisions. Instead, they constitute a requested permit revision, and must be considered under the regulatory process for permit revisions. This issue is discussed in more detail below. A partial approval of the changes, which legitimately fall within the category of minor revisions, will be possible, if this letter is appropriately addressed. Other portions of your request cannot be considered at this time because they constitute a requested permit revision, rather than a minor revision. Any permit revision which proposes an altemative land use for mine facilities such as the of5ce,warehouse and the overland conveyor, must include all information required by rules 2.05.5 and 4.16.3. Such information includes local land use approvals, any land manager agency approvals, a feasibility demonstration as discussed below, a health and safety demonstration, wildlife impact mitigation plans, and any other provisions required relative to any proposed reclamation plan and alternative land use proposals. Please provide the following information, or a revision continuance request, no later than 5:00 p.m., October 1, 2001. (Note: the decision deadline for this revision occurs on Sunday, September 30, 2001, thus necessitating the extension of the decision deadline to Monday, October 1, 2001 per Rule 1.09) I) The proposed forma[ and detail revisions to Figure 14-1 are significant improvements to the Figure 14-1 currently included with Permit C-81-041. Many aspects of the proposed revision can be approved; however, certain provisions cannot be approved. As discussed, below revised Figure 14-1 pages are requested; however, a partial approval may be issued if revised pages are not provided. Specifically, the following proposed schedule revisions contained in the proposed Figure 14-1 cannot be approved with this revision: Cameo Refuse Disposal Area -1 Regrade Bench 4 and Top of Pile -Place Cover Material & Rock Grouping Revegetation Bench 4 to Top of Pite (Associated "Note 2" -proposed revised page ] 0/10 -Figure 14-1)