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consented to the undergound operations within Federal Coal Lease COC 61209 that would <br />affect surface lands managed by that agency. <br />The Division sent its first adequacy review letter on July 26, 2001. BRL responded to the <br />Division's concems in a submittal dated August 23, 2001 and received at the Division on August <br />27, 2001. In that submittal, BRL requested that a second de-gas hole and its associated road be <br />included in PR-O5. The Division sent another adequacy review letter, conceming ownership and <br />identification of interests information, on September 14, 2001. BRL responded to the Division's <br />second adequacy review letter in a submittal dated September 19, 2001 and received at the <br />Division on September 21, 2001. A review of the Applicant Violator System (AVS) resulted in <br />Stipulation No. 12 being attached to the PR-OS decision to approve the revision with conditions. <br />Stipulations numbers 7 and 8, plus additional AVS concems associated with PR-O5, were <br />combined into Stipulation number 12. Stipulations numbers 7 and 8 were, then, terminated. A <br />final response by BRL, in a letter dated and received on September 25, 2001, resolved all issues. <br />The Division sent a final letter, dated September 25, 2001, summarizing the successful resolution <br />of all of the adequacy issues. <br />The Division requested that the Office of Surface Mining (OSM) make a determination as to <br />whether Permit Revision No. 5 constituted a federal mine plan change requiring Secretarial <br />approval. In their response, OSM confirmed that the activities proposed in Permit Revision No. 5 <br />do constitute a federal mine plan change requiring Secretarial approval. The secretarial approval <br />was ganted after the proposed decision to approve by the Division. <br />The details of the adequacy concerns and all of the correspondence letters are available in the <br />Denver office of the Division. <br />BRL applied for Permit Revision No. 6 in a submittal dated August 8, 2001 and received at the <br />Division on August 10, 2001. The submittal was called incomplete on July 23, 2001. With the <br />submittal of the two missing items, PR-06 was called complete on August 14, 2001. <br />Completeness letters were sent to the appropriate governmental agencies and to local water user <br />and environmental organizations on the same day. The public notice of completeness was <br />published four times, August 15, 22, 29 and September 5, 2001, in the Delta County <br />Independent. <br />The Division received adequacy review responses from several governmental agencies. In a <br />letter dated August 23, 2001, the Colorado Historical Society (CHS) determined that no <br />historical sites eligible to the National Register will be disturbed by the proposed operations. <br />In a letter dated September 20, 2001, the Division formally requested that OSM enter into <br />Section 7 consultation with the USF&WS concerning the water depletion estimate and the <br />Windy Gap Process. OSM sent a letter to the USF&WS requesting the consultation in a letter <br />dated September 24, 2001. The USF&WS responded in a letter dated October 23, 2001 that the <br />water depletion fee for this project was waived. The waiver was ganted because the project's <br />average annual depletion of 20.3 acre-feet is less than the 100 acre-feet minimum required for <br />the levying of the fee. <br />8 <br />