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Hydro-Environmental Solutions, Inc. <br />hydrology, water quality and environmental consulting <br />June 30, 2008 <br />via: FedEx 865345984754 <br />Ms. Janet Binns <br />Colorado Division of Reclamation, Mining and Safety REGEED <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 JUL U 3 2008 <br />Division U., Reclamation, <br />Re: Hayden Gulch Loadout, Permit C-92-081 Mining and Safety <br />Permit Renewal RN-03 <br />Responses to Adequacy Comments <br />Dear Ms. Binns; <br />HIayden Gulch Terminal, Inc. (HGTI) is in receipt of the Colorado Division of Reclamation, Mining <br />'Vind Safety's (CDRMS) RN-03 Adequacy Letter dated june 9, 2008. HGTI has prepared the attached <br />Package to address CDRMS's concerns and requests. CDRMS's comments are presented below in <br />`italics followed by HGTI's response. <br />Rule 2.04.11(4) Fish and Wildlife Resources Information states, "The potential for impacts to <br />rare and endangered animal species shall be evaluated by the Division in consultation with <br />appropriate Federal and State agencies. <br />This section of the permit, Tab 11, was last updated in 1993. Please provide updates to this <br />section of the permit to assure that all applicable species on the current Threatened and <br />Endangered Species lists for both State (CDOW) and Federal (USFWS) lists are included. <br />Response: HGTI has updated the fish and wildlife threatened and endangered species discussion in <br />Tab I L Please insert the revised material in accordance with the accompanying insertion instructions. <br />2. Please assure that Ownership and Control Information are up to date in accordance with Rule <br />2.03.4. <br />Response: Updated ownership and control information have been updated. Please insert the revised <br />material in accordance with the accompanying insertion instructions. <br />3. Permit Tab 20, Appendix 20-1 page 2, states that landowner comments regarding Post-mining <br />land use are found in Appendix 20-IA. Appendix 20-1A is empty. Please provide these <br />comments from the affected landowners. <br />Response: Appendix 20-1 has been revised; the text now indicates that Appendix 20-1A is reserved <br />for landowner postmine land use comments/requests. Please insert the revised material in accordance <br />with the accompanying insertion instructions. <br />4. The Division has conducted a Reclamation Cost Estimate that reflects costs the Division <br />would incur, in the event that the Division should need to conduct reclamation activities at the <br />Hayden Gulch Loadout. The estimate has been calculated for the disturbances currently <br />approved in the permit (includes TR6 structures and proposed disturbances), and uses <br />equipment and labor costs updated in 2007. The Division reclamation cost liability for the <br />57 10'0 Street, Suite B <br />P.O. Box 772996 <br />Steamboat Springs, CO 80477 <br />970-846-5112