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concerns of several other agencies still needed to be resolved. This was summarized in the <br />Division's third adequacy review letter, dated November 21, 2001. <br />In a submittal dated December 6, 2001, BRL changed the proposed plan so that the new railroad <br />track would be located to the south of the present tracks, instead of to the north. In addition, the <br />conveyor belt line would not go through the Terror Creek Loadout property, but would be <br />situated to the east of it. With this revised construction proposal, the sediment control <br />configuration also changed, including an increase in the number of small azea exemptions and <br />the addition of a second sediment pond. The Division determined that the revised changes could <br />be handled in Permit Revision No. 6. <br />The original waiver of the water depletion fee from the USF&WS remained in effect because the <br />revised construction project resulted in a slight decrease in the water depletion estimate as <br />compazed to the original estimate. OSM informed the Division that Permit Revision No. 6 would <br />not require a mine plan decision. <br />The revised construction plan resulted in further adequacy review questions. These questions <br />were contained in an adequacy review letter dated December 26, 2001. BRL responded in <br />submittals dated December 31, 2001, January 4, 2002, January 7, 2002 and January 9, 2002. <br />BRL requested, and received, an approved Substitute Water Supply Plan (SWSP) from the <br />CDWR. <br />A computer check of the AVS for the proposed decision resulted in a conditional issue. There <br />were no updates to the AVS since the original AVS check. Therefore, Stipulation No. 12 did not <br />have to be modified. <br />The Division proposed a decision to approve Permit Revision No. 6 with conditions on January <br />14, 2002. Stipulation No. 13 was attached to that proposed decision. The stipulation required the <br />submittal of the revised NPDES permit, the CDOT temporary construction access road permit <br />and the Delta County road use permit for County Road 4365. <br />With no requests for a formal hearing, Permit Revision No. 6 was final on February 13, 2002. <br />On July 2, 2001, the Division sent a letter to BRL that informed the operator that a complete <br />submittal for a permit renewal was due by October 6, 2001. The current permit was due to expire <br />on Apri14, 2002. BRL did submit a permit renewal package on September 24, 2001. On October <br />2, 2001, the Division called the submittal complete. Completeness letters were mailed and the <br />completeness public notice was published. Only the Colorado Historical Society responded to <br />the permit renewal, stating that the agency had no concerns with the renewal. <br />The Division sent its adequacy review questions in a letter dated December 5, 2001, BRL sent its <br />responses in a submittal dated April 2, 2002. The Division reviewed BRL's responses and sent <br />out a second adequacy review letter, dated April 12, 2002. BRL sent a final response submittal <br />dated Apri122, 2002. <br />9 <br />