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J. E. STOVER & ASSOCIATES, INC. <br />P.O. BOX 60340 <br />GRAND JUNCTION, COLORADO 81506 <br />PHONE: (970) 245-4101, FAX 242-7908 <br />MINE ENGINEERING <br />MINE RECLAMATION <br />CIVIL ENGINEERING <br />CONST. MANAGEMENT <br />December 18, 2008 <br />Mr. Mike Boulay <br />Division of Reclamation, Mining and Safety <br />101 South 3`d, Suite 301 <br />Grand Junction, CO 81501 <br />RECEIVED <br />DEC 2 2 2008 <br />Divls?or? 01 Reclamation, <br />Mining and Safety <br />Re: Snowcap Coal Company, Inc. <br />Permit Revision (PR-4), Adequacy Response #2 <br />Unit Train Loadout, Railroad Spur & Overland Conveyor <br />Permit No. C-1981-041 <br />Dear Mr. Boulay: <br />The DRMS' letter dated May 13, 2008 transmitted additional adequacy comments <br />regarding the referenced permit revision. Following are Snowcap's responses to the <br />DRMS' comments and concerns: <br />PR-4 PRELIMINARY ADEQUACY REVIEW COMMENTS <br />Items 1 through 6. Resolved <br />7. DRMS: This comment is related to Item 10 below. Prior to approval of PR-4 we will <br />require written comments from State and local government agencies which would have <br />to initiate, implement, approve, or authorize the proposed use of the land following <br />reclamation [Rule 2.05.5(1)(b)]. As indicated in your response, SCC has sent the Mesa <br />County Department of Planning & Development a letter requesting comments or <br />concerns regarding the proposed post mining land. use, and to date SCC has not <br />received a response to the letter. We recommend that SCC again contact the Mesa <br />County Department of Planning & Economic Development to obtain their <br />comments on the proposed plan. <br />SCC: Enclosed are new appendix pages A15-2-20 through A15-2-27, the approved <br />Conditional Use Permit (CUP) from the Mesa County Department of Planning & <br />Economic Development (MCDPED). <br />Items 8 through 9. Resolved <br />10. DRMS: As indicated in your response, Halliburton is in the process of submitting an <br />application for a Mesa County Department of Planning and Economic Development <br />Conditional Use Permit (CUP). The Mesa County CUP will need to be obtained <br />before the Division can issue a Proposed Decision on PR-4. <br />SCC: See response to Item 7.