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<br /> <br />governmental agencies, including the Colorado Historical Society, the Bureau of Land Management and <br />the U.S. Fish & Wildlife Service. <br />The Division sent its first adequacy review letter on July 26, 2001. BRL responded to the Division's <br />concems in a submittal dated August 23, 2001. In that submittal, BRL requested that a second de-gas hole <br />and its associated road be included in PR-O5. The Division sent another adequacy review letter on <br />September 14, 2001. BRL responded to the Division's second adequacy review letter in a submittal dated <br />September 19, 2001. A review of the Applicant Violator System (AVS) resulted in Stipulation No. 12 <br />being attached to the PR-OS decision to approve the revision with conditions. Stipulations numbers 7 and <br />8, plus additional AVS concems associated with PR-O5, were combined into Stipulation number 12. <br />Stipulations numbers 7 and 8 were, then, terminated. A final response by BRL, in a letter dated <br />September 25, 2001, resolved all issues. <br />The Division requested, and the Office of Surface Mining confirmed, that the activities proposed in <br />Permit Revision No. 5 did constitute a federal mine plan change requiring Secretarial approval. The <br />secretarial approval was granted after the proposed decision to approve by the Division. <br />BRL applied For Permit Revision No. 6 in a submittal dated August 8, 2001 and received at the Division <br />on August 10, 2001. The submittal addressed the construction of the unit train loadout and an increase in <br />the coal production rate from 5 million tons per year to six million tons per year. The permit azea would <br />be increased by 71 acres, all on private land. The disturbed area would increase by 34 acres. Included in <br />the sediment control system for the loadout were ponds J and K. The submittal was called incomplete on <br />July 23, 2001. With the submittal of the two missing items, PR-06 was called complete on August 14, <br />2001. Completeness letters were sent and the public notice of completeness was published four times. <br />The Division received adequacy review responses from several governmental agencies, including the <br />Colorado Historical Society, the U,S. Fish & Wildlife Service (USF&WS) and the U.S.D.A.-Forest <br />Service. <br />[n a letter dated September 20, 2001, the Division formally requested that OSM enter into Section 7 <br />consultation with the USF&WS conceming the water depletion estimate and the Windy Gap Process. <br />The USF&WS responded in a letter dated October 23, 2001 that the water depletion fee for this project <br />was waived because the project's average annual depletion of 20.3 acre-feet was less than the 100 acre- <br />feet minimum required for the levying of the fee. <br />The Colorado Division of Water Resources (CDWR), in a letter dated August 23, 2001, stated that a plan <br />of water augmentation was needed for the storage capacity and evaporation of water in the proposed <br />sedimentation pond. <br />The Division did not receive any public comments conceming this permit revision. <br />The Division's first adequacy review questions were sent to the operator in a letter dated October 11, <br />2001. In a letter dated October 16, 2001, BRL sent responses to the reclamation cost estimate issues that <br />were presented in that first adequacy review letter. In addition, the Division conducted an Applicant <br />Violator System (AVS) check. Violations that were in the computer system were covered under <br />Stipulation Number 12. BRL responded to the remaining initial adequacy review issues in a submittal <br />dated October 23, 2001. <br />The Division sent a second adequacy review letter, dated November 14, 2001. BRL's responses, in a <br />submittal dated November 19, 2001, resolved the concems that the Division had. However, concerns of <br />7 <br />