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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 COLORADO <br /> <br />Phone: (303) 866-3567 D I V I I O N O F <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> - <br /> SAFETY <br />December 8, 2008 <br /> Bill Ritter, jr. <br /> Governor <br />Jerry Nettleton Harris D. Sherman <br />Twentymile Coal Company Executive Director <br />29515 Routt County Road 27 Ronald W. Cattany <br />Oak Creek, CO 80467 Division Director <br /> Natural Resource Trustee <br />Re: Foidel Creek Mine (Permit No. C-1982-056) <br />Minor Revision No. 233 (MR- 233) <br />Refuse Pile Clay Staging Area <br />Dear Mr. Nettleton: <br />We have received your application for a minor revision to your permit to conduct coal mining in Colorado. Our <br />initial review indicates that all preliminary items required by Rule 2.08.4(5) have not been submitted. Thus, your <br />application is incomplete for the purposes of filing as of December 5, 2008. <br />Twentymile Coal Company indicates in the MR233 application that runoff from the Refuse Pile Clay Staging Area <br />will be treated by Alternative Sediment Control measures (Revised page 2.05-97.1). However, Twentymile Coal <br />Company did not provide detail or any demonstration to show what type of ACS or is the ACS would effectively <br />treat the proposed disturbance (Rule 4.05.2(3)). The proposed Refuse Pile Clay Staging Area is estimated to <br />disturb approximately 5 acres. SAE demonstrations are appropriate for small areas, generally one acre or less. <br />The extent of the proposed disturbance would make this area exceed the size for a small area exemption. <br />Therefore, runoff from the proposed Refuse Pile Clay Staging Area needs to report to a sediment pond. Please <br />provide additional information to show that runoff from the proposed disturbed area would report to an adequately <br />sized sediment pond. <br />In accordance with Rule 2.07.3(1), you have the opportunity to amend, review, or otherwise make your application <br />complete. <br />If you have any questions, please contact me. <br />Sincerely, <br />C-MR-01 C1982056 JHB 12082008095122.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines