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renewal package was called complete on September 25, 2002, thereby securing BRL's right of successive
<br />renewal. Notification letters were sent out on the same day to the appropriate local, state and federal
<br />agencies, local associations and other interested parties. The public notice was published in the Delta
<br />County Independent on October 2, 9, 16 and 23, 2003.
<br />The Division sent out two adequacy review letters dated November 27, 2002 and December 26, 2002.
<br />BRL responded with a submittal dated January 23, 2003. The Division sent a third adequacy review letter
<br />on February 20, 2003. BRL's response letter, dated March 17, 2003, provided ownership and control
<br />information while BRL's response letter dated March 28, 2003 contained additional adequacy information.
<br />In a letter dated April 11, 2003, the Division sent to BRL additional questions concerning ownership and
<br />control information. Further questions were asked in the Division's next two adequacy review letters dated
<br />April 23, 2003 and April 30, 2003. BRL submitted their final response letter dated May I5, 2003. With all
<br />questions satisfactorily answered, the Division proposed a decision on December 30, 2003 to approve with
<br />one modified stipulation (Stipulation No. 54) Permit Renewal No. 4, In this proposed decision, the
<br />Division raised the reclamation cost estimate from $6,475, 166.00 to $7,719,033.00.
<br />The proposed decision was published in the Delta County Independent on January 7 and 14, 2004. On
<br />January 20, 2004, the Division received a letter from the operator, dated January 16, 2004, in which BRL
<br />requested a formal hearing to object to the Division's reclamation cost estimate for Permit Renewal No. 4.
<br />However, BRL also requested that the formal hearing be delayed 60 to 90 days so that they could work
<br />with the Division in resolving what they believed to be an excessive reclamation cost estimate.
<br />BRL submitted a Reclamation Estimate Comparison binder, dated January 29, 2004, to the Division on
<br />February 2, 2004 as support for BRL's contention of an excessive reclamation cost estimate. The Division
<br />reviewed BRL's information and prepared an adequacy response letter dated February 18, 2004 to BRL.
<br />The operator responded in two letters dated February 20, 2004 and February 24, 2004. The Division sent
<br />an additional adequacy review letter dated March 4, 2004. In a final letter to BRL, dated March 10, 2004,
<br />the Division summarized the results of the previous discussions and submitted a final reclamation cost
<br />estimate to BRL. This new reclamation cost estimate was $6,879,590.00, which was $839,443.00 lower
<br />than the reclamation cost estimate of $7,719,033.00 in the initial proposed decision for Permit Renewal
<br />No. 4. [n a letter dated March 26, 2004 and received at the Division on March 29, 2004, BRL accepted the
<br />final reclamation cost estimate and withdrew its request for a formal hearing on the matter.
<br />Because the reclamation cost estimate was changed through this additional review, the Division is
<br />proposing a second decision for Permit Renewal No. 4. Further, because the operator was able to resolve
<br />the outstanding issues in the Applicant Violator System (AVS) since the first proposed decision, the
<br />Division terminated the stipulation addressing the AVS issues.
<br />This document contains the "Proposed Decision to Approve with Stipulations the Permit Application", a
<br />description of the environment affected by the mining operation and the reclamation plan, and the
<br />Division's written findings of compliance as required by the Colorado Surface Coal Mining Reclamation
<br />Act. Detailed information concerning the review process is on file at the Division offices; legal
<br />requirements can be found in the Act and Regulations of the Colorado Mined Land Reclamation Board for
<br />Coal Mining. All rules referenced in this document are contained within the Regulations. Detailed
<br />information about the proposed mining and reclamation operation can be found in the permit application
<br />on file (File No. C-81-038) in the public record maintained by the Division, located in Room 215,
<br />Centennial Building, 1313 Sherman Street, Denver, Colorado 80203, telephone (303) 866-3567. Copies
<br />of the application are also available for inspection at the Delta County Clerk and Recorder's Office in
<br />Delta, Colorado.
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