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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 Secretazial <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 Secretazial approval. The secretarial approval <br />was granted 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 received at the Division on July 11, 2001. <br />The submittal was called incomplete on July 23, 2001. With the presentation of the missing <br />items in the submittal dated August 8, 2001 and received at the Division on August ]0, 2001, <br />PR-06 was called complete on August 14, 2001. Completeness letters were sent to the <br />appropriate governmental agencies and to local water user and environmental organizations on <br />the same day. The public notice of completeness was published four times, August 15, 22, 29 <br />and September 5, 200], in the Delta County 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 USFWS concerning the water depletion estimate and the Windy <br />Gap Process. OSM sent a letter to the USFWS requesting the consultation in a letter dated <br />September 24, 2001. The USFWS responded in a letter dated October 23, 2001 that the water <br />depletion fee for this project was waived. The waiver was granted because the project's average <br />annual depletion of 20.3 acre-feet is less than the 100 acre-feet minimum required for the levying <br />of the fee. <br />The USDA-FS commented, in a letter dated August 28, 2001, that the construction of the train <br />loadout, although not on National Forest lands, was required in the approval of the Iron Point <br />Tract federal lease. The Forest Service had no specific comments on the project. <br />The Colorado Division of Water Resources (CDWR), in a letter dated August 23, 2001, stated <br />that a plan of water augmentation was needed for the storage capacity and evaporation of water <br />in the proposed sedimentation pond. <br />The Division did not receive any public comments concerning this permit revision. <br />The Division's first adequacy review questions were sent to the operator in a letter dated October <br />11, 2001. In a letter dated October 16, 2001, BRL sent responses to the reclamation cost estimate <br />issues that were presented in [hat first adequacy review letter. In addition, the Division conducted <br />an Applicant Violator System (AVS) check. Violations that were in the computer system were <br />9 <br />