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Permit Renewal No. 5 Review Process <br />Snowcap Coal Company, Inc. (SCC) submitted an application for Permit Renewal No. 5 (RN-5) to Permit C- <br />81-041, on June 20, 2007. The submittal included a renewal application form, certificate of insurance, and <br />proposed public notice. The application was deemed complete on July 2, 2007, and notices were provided to <br />various local, state, and federal agencies on that date. Public notice of the application was published in the <br />Grand Junction Daily Sentinel once a week for four consecutive weeks, beginning July 15, 2007. Copies of <br />the application were filed with the Mesa County Clerk and Recorder's Office, and at the Denver and Grand <br />Junction offices of the Division. Written comments were received during the review period from the Bureau of <br />Reclamation (BOR), Division of Water Resources/Office of the State Engineer (SEO), and the State Historic <br />Preservation Office (SHPO). SEO and SHPO letters indicated no concerns or objections with the renewal <br />application. The BOR letter contained questions regarding a liability release request application (SL-3) that <br />was concurrent with the renewal review, and the BOR concerns were addressed in the context of the SL-3 <br />review and inspection (see the October 31, 2007 SL-3 Findings document for further details). The comment <br />letters were forwarded to the operator. <br />The Division's adequacy review was conducted with the following sequence of adequacy review letters, <br />agency correspondence, and response submittals from SCC. <br />July 2, 2007 Notices of availability for review and request for comments provided to Mesa County Planning <br />Department, Bureau of Land Management (BLM), Office of Surface Mining (OSM), Colorado Division of <br />Wildlife (CDOW), Colorado Dept. of Health & Environment/Water Quality Control Division, Colorado Dept. <br />of Health & Environment/Air Pollution Control Division, Mesa County Commissioners, Colorado Historical <br />Society/State Historic Preservation Office (SHPO), U.S. Fish and Wildlife Service (USFWS), Natural <br />Resources Conservation Service (MRCS), Mesa County Irrigation District, Grand Valley Water Users <br />Association, State Board of Land Commissioners, Ute Water Conservancy District, Colorado Geological <br />Survey, Army Corps of Engineers, Town of Palisade, and Palisade Irrigation District. <br />July 2, 2007-Snowcap Coal Company (SCC), submitted an amended page 4 of the application form, to <br />clarify that official status of the operation is "Active", due to active use of the Unit Train Loadout as an <br />unloading facility by a local oil field services company (approved by TR-48). <br />July 13, 2007-The Division received a letter dated July 12, 2007, from SEO, indicating no concerns with or <br />objections to the application. <br />July 16,2007-The Division received a letter dated July 10, 2007, from the SHPO, which included SHPO's <br />opinion that the proposed revision would have no effect on cultural resources. <br />July 28, 2007-The Division received a letter dated July 24, 2007, from BOR, which included request for <br />information regarding the liability release application (SL-3). <br />August 23, 2007-The Division completed initial AVS check; outstanding federal audit debt for AEP <br />Kentucky Coal LLC, linked to Snowcap Coal Company, resulted in a "DENY" recommendation. The issue <br />was resolved and confirmed by the Division by subsequent AVS check of September 18, 2007, which resulted <br />in an "ISSUE" recommendation. <br />Permit Renewal No. 5 7 November 16, 2007