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STATE OFCOLORAOO RICHARD D.LAMM Go~ III IIIIIIIII IIII III DEPARTMENT OF NATURAL RESOURCES ggg D. Monte Pascoe, Executive Director MINED LAND RECLAMATION 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 David C. Shelton January 13, 1982 Director Ms. Paige Beville Senior Permits Coordinator Permits and Compliance Group RRCO Coal Company P.O. Box 5300 DLT/1117 Denver, Colorado 80217 Re: Review of Responses to Stipulations Our File No. C-007-g0; Mt. Gunnison No. 1 Mine Dear Ms. Beville: The Division has reviewed ARCO Coal Company's responses to Stipulations 43, 2, and 24 as listed in the CMLRD permit document. The following comments detail the status of resolution of the terms and conditions set forth in these stipulations, and point out what additional information, if any, will be required by the Division before the requirements of these stipulations can be considered satisfied. 1. Stipulation No. 43 (OSM q26 and H10 in the CMLRD Findings Document) concerns the submittal of a report entitled "Protection of Minnesota Creek Water Supply" as an exhibit within the permit application. ARCO's December 16, 1981 response included one rnpy of the report labeled as Exhibit 2.8.5, and in addition submitted a revised copy of page 2-350 referencing the exhibit. However, the first sentence on the December 9, 1981 revised page differs from the wording of the March, 1982 revised page which was specifically modified as a result of the Division's February 6, 1981 review comments on ground water hydrology portions of the application. The wording appears to be the same as that contained in the original October, 1979 submittal. As such, the require- ments of Stipulation No. 43 cannot be considered satisfied until the page has been appropriately revised and the Division has received a complete set (5 copies) of the revised page and Exhibit 2.8.5, 2. Stipulation No. 1 concerns the submittal of a sediment control plan for the proposed Ioadout facility and railroad siding. ARCO's initial September 11, 1981 response was reviewed by the Division and the subsequent review comments were responded to on December 23, 1982. These responses have been reviewed by the Division, and once the following concerns have been adequately addressed, the plan can be approved and implemented at the time ARCO begins construction of the loadout facility.