2002-05-09_GENERAL DOCUMENTS - C1996083

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A computer check of the AVS for the proposed decision resulted in a conditional issue. There were no updates to the AVS since the original AVS check. Therefore, Stipulation No. 12 did not have to be modified. The Division proposed a decision to approve with conditions Permit Revision No. 6 on January 14, 2002. Stipulation No. 13 was attached to that proposed decision. The stipulation requires the submittal of the revised NPDES permit, the CDOT temporary construction access road permit and the Delta County road use permit for County Road 4365. With no requests for a formal heazing, Permit Revision No. 6 was final on Februazy 13, 2002. On July 2, 2001, the Division sent a letter to BRL that informed the operator that a complete submittal for a permit renewal was due by Octobet 6, 2001. The current permit was due to expire on Apri14, 2002. BRL did submit a permit renewal package on September 24, 2001. On October 2, 2001, the Division called the submittal complete. Completeness letters were mailed to BRL, Federal, State, County and local government agencies and local water user and environmental organizations. The completeness public notice was published in the Delta County Independent on October 10, 17, 24 and 31, 2001. Only the Colorado Historical Society responded to the permit renewal, stating that the agency had no concerns with the renewal. The Division sent its adequacy review questions in a letter dated December 5, 2001. BRL sent its responses in a submittal dated April 2, 2002 and received at the Division on April 4, 2002. The Division reviewed BRL's responses and sent out a second adequacy review letter, dated April 12, 2002. BRL sent a final response submittal dated April 22, 2002 and received at the Division on Apri124, 2002. A computer check of the AV S for the permit renewal proposed decision resulted in a conditional issue. There were no updates to the AVS since the original AVS check. Therefore, Stipulation No. 12 did not have to be modified but was still in effect for this permit renewal. All of the adequacy issues were resolved, except for the concurrence by the Colorado Division of Wildlife concerning the woody plant stem density standard for the reclaimed areas. Because this issue may take some time to resolve, Stipulation No. 14 was attached to this proposed decision. The pages and maps that were revised in this permit renewal were placed into the permit application through Minor Revision No. 21. This minor revision was approved on May 7, 2002. Description of the Environment The Bowie No. 2 coal mine permit area includes 5076 surface acres, of which 2602 surface acres aze federally owned and 2474 acres are privately owned. The coal and the surface lands within the present permit area are both federally and privately owned, as are the surface areas that have 10