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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 C O L O R A D O <br />Phone: (303) 866-3567 D I V I S I O N o f <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br />August 8, 2008 Bill Ritter, Jr. <br /> Governor <br />Mr. Jerry Nettleton Harris D. Sherman <br />Environmental Manager Executive Director <br /> <br />29515 Routt Count <br />Road #27 Ronald W. Cattany <br />y Division Director <br />Oak Creek, CO 80467 Natural Resource Trustee <br />Re: Foidel Creek Mine, C1982-056, TR64 adequacy concerns <br />Dear Mr. Nettleton: <br />The Division received Twentymile Coal Company's (TCC) application for a technical revision (TR64) to <br />the Foidel Creek Mine permit (C1982-056). The Division has reviewed TCC application and has <br />identified the following adequacy items; <br />1. On page 2.03-20, please correct the NOV number correct to CV2006-006, issued 9/13/2006. <br />2. Please keep Lease naming designations consistent; page 2.03-27 references State of Colorado Mining <br />Lease 530/13-S, yet Map 2 "Coal Ownership" shows this same lease as CO-3229. <br />3. Lease information found on revised page 2.03-28 (06/17/2008) differs from the description on the <br />previously approved page 2.03-28 (rev. 5/10/2006) Lease #20. The previously approved description <br />of this lease states that the lease was between Rocky Mountain Fuels and Energy Fuels, on October <br />6, 1972. The revised description (06/17/2008) states that the lease is between Western Slope Mining <br />and Twentymile Coal Company, dated December 27, 2006. <br />There is confusion in the lease description. The leased areas described in Township 5 North, Range <br />87 West, 6th P.M. are described in 2 different paragraphs. The lease descriptions for T5N, R87W 6th <br />PM are repeated for portions of Section 24, but conflict. In the first paragraph the W `/2 SE '/4 of <br />Section 24 is described, but in the third paragraph the W '/2 SE '/2 is described. Additionally, the first <br />paragraph includes Tracts 39 and 40 in Section 24, yet the third paragraph exempts tracts 39 and 40 <br />from Section 24. <br />This lease is also described on revised page 2.03-33.5 (06/17/2008), with yet a third description of <br />the leased property in T5N, R87W 6th PM, Section 25. Page 2.03-33.5 describes the lease in Section <br />24 as W 12, W '/2 E '/2, and Tracts 39 and 40. However, Map 2 (dated 6/26/2008) shows all of <br />Section 24 included in the lease. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines