2008-12-19_GENERAL DOCUMENTS - C1996083

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A computer check of the AVS for the permit renewal proposed decision resulted in a conditional issue. There were no updates to the AVS since the original AVS check. Therefore, Stipulation No. 12 did not have to be modified but was still in effect for this permit renewal. All of the adequacy issues were resolved, except for the concurrence by the Colorado Division of Wildlife concerning the woody plant stem density standard for the reclaimed areas. Because this issue would take time to resolve, Stipulation No. 14 was attached to this proposed decision. The pages and maps that were revised in Permit Renewal No. 1 were placed into the permit application through Minor Revision No. 21. This minor revision was approved on May 7, 2002. The application for Permit Revision No. 7 was received at the Division on February 28, 2003. With this revision, BRL proposed to construct the B-2 coal seam portal bench and entry portals. The submittal was called complete on March 10, 2003. Completeness letters were sent on March 11, 2003 and the completeness public notice was published. Only one comment letter, from the Colorado Historical Society, was received at the Division concerning Permit Revision No. 7. The Division conducted an Applicant Violator System (AVS) check on May 6, 2003. The system and Office of Surface Mining recommendations were for a conditional issue. The Division sent its preliminary adequacy review letter on April 14, 2003. BRL submitted its preliminary adequacy review responses in a submittal dated April 24, 2003. Additional information was sent by BRL in a submittal dated May 1, 2003. The Division sent its final adequacy letter to BRL on May 7, 2003. The Division included the reclamation cost estimate in the amount of $370,186.00 for the activities proposed in Permit Revision No. 7. BRL responded on May 12, 2003. All outstanding issues were resolved. The application for Permit Revision No. 8, dated February 27, 2003, was submitted by BRL on February 28, 2003. In this revision, BRL proposed the initial five year B-2 coal seam mine plan within fee coal and Federal Coal Lease COC 61209. The permit revision was called complete on March 10, 2003 and letters of completeness were mailed to the appropriate agencies and organizations. The completeness public notice was published four times in the Delta County Independent, in the March 12, 19, 26 and April 2, 2003 editions. BRL responded to the Division's adequacy review letter of April 10, 2003 in a submittal dated July 22, 2003. All but two of the Division's concerns were answered satisfactorily to the Division in BRL's responses. The Division sent a second adequacy review letter, dated September 15, 2003. BRL replied with their second response letter, dated September 17, 2003. All of the Division's concerns were resolved with that second response letter from BRL. The Division received one comment letter for Permit Revision No. 8. In a letter dated April 21, 2003, the United States Department of Agriculture-Forest Service (USDA-FS) expressed concerns about the effects of subsidence in the Sheep Corral drainage. BRL responded to the concerns of the USDA-FS in the adequacy review response letter dated July 22, 2003. In a reply letter dated September 24, 2003, the USDA-FS concurred with the approval of PR-08, provided that a commitment was added concerning visual subsidence monitoring in the Sheep Corral drainage. In a final submittal dated September 24, 2003, BRL added the commitment to the permit text. In Technical Revision No. 27, BRL proposed to construct a coal preparation wash plant with associated structures. The submittal was received June 19, 2003 and approved with Stipulation No. 15 attached on