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Gary Isaac <br />CAM-Colorado, LLC <br />August 29, 2008 <br />Page 6 <br />the surface slopes of operational cuts and fills, and would also make up a significant <br />component of the waste disposal "non-toxic cover", and rooting zone material beneath <br />replaced topsoils upon final reclamation in the lower facility areas. <br />Please provide sample analyses (parameters consistent with Exhibit 7 soil analyses) from <br />representative locations and depths within the waste disposal and lower facility area <br />disturbance footprints, as warranted to characterize the physical and chemical <br />characteristics of surface and subsurface (to depth of excavation) Mancos shale material <br />within the areas to be disturbed. <br />Please provide similar information and description regarding the strata which will be <br />impacted by development in the portal area and along the upper road segment, where <br />interim stabilization and final reclamation will include seeding of steep fills constructed <br />of blasted rock and colluvium. <br />Rule 2.04.7 Hydrology Description <br />18. Please refer to the enclosed comment letter from the Division of Water Resources, Office <br />of the State Engineer (SEO). The SEO indicates in their letter that the area is over- <br />appropriated and the potential exists to cause injury to senior water rights in the area. <br />Any diversions could potentially result in depletions that may impact downstream or <br />senior water right uses. Specifically, the SEO has requested CAM to identify and <br />quantify the location and amount of the mine water discharge. If there are impacts to <br />downstream or senior water right uses, then CAM would be required to replace any <br />depletions pursuant to an approved substitute water supply plan or plan for augmentation. <br />Please address these concerns and provide a response and amended application materials, <br />if appropriate. <br />19. A general location for the point of mine water discharge is shown on Map 23. The mine <br />water flow path below the discharge point towards East Salt Creek is also shown on map <br />23. However, the conveyance from the portal to the mine water discharge point <br />(approximately 2,000 feet) is not shown or described. Please provide a description and <br />design of how the mine water discharge will be conveyed from the portal to the surface <br />stream outfall location. Update all appropriate maps including Maps 15-1 and 15-2 to <br />show the conveyance and provide appropriate design(s) if additional surface ditches will <br />be required to convey the discharge from the mine portal to the outfall. <br />20. Stock ponds within and adjacent to the permit area are described on page 2.4-30 and are <br />shown on Map 23. There are 23 identified stock ponds. Baseline monitoring data for the <br />stock ponds is presented in Volume III Tab 3i. Good photographs were taken and <br />documented in the baseline information. However, water quality sampling for laboratory <br />analysis and field parameter measurements were done only at Pond 6 since it is located <br />near the proposed wash plant and clean coal stockpile areas. Rule 2.04.7(2) (a) requires