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Section 2.05.6(2), Mitigation of Surface Coal Mining Operation Impacts for Fish and Wildlife, <br />and the Fish and Wildlife Appendix in Volume 9A of the permit application and confirm to the <br />Division in writing that all threatened and endangered species and candidate species and their <br />habitats listed for Delta County have been discussed and evaluated. If not, a new survey will need <br />to be performed for this permit renewal using the current list of threatened and endangered and <br />candidate species for Delta County. I fa new T&E survey is performed, the Division will forward <br />it to the OSM and they may send it to the US Fish and Wildlife Service for a Section 7 <br />consultation. <br />BRL provided a Threatened & Endangered Species Inventory report dated December 5, 2007 in a <br />submittal to the Division of the same date. In a letter dated December 13, 2007, the Division sent <br />the report to OSM for their review. Attached is the OSM response letter dated December 20, 2007 <br />which concludes that no new effects are anticipated and no further actions by BRL are required. <br />Section 2.05.4. Reclamation Plan <br />The Division is in the process of calculating the reclamation cost estimate for Permit Renewal No. <br />5. When the estimate has been completed, the Division will inform BRL as to the results and <br />request that BRL indicate in writing whether or not the cost estimate is acceptable. <br />The Division calculated a new liability (following the release of the demolition completed with <br />SL-3) for the Bowie No. 1 Mine in current dollars (costs adjusted for inflation, etc.). The new <br />liability calculated for RN-5 is $4,123,457.00. The three summary sheets and the individual task <br />worksheets for RN-5 are attached. The Division currently holds a corporate surety in the amount of <br />$5,761,290.00. Based on the amount the Division has calculated for the Partial Phase One Bond <br />Release SL-3 ($1,136,354.00), the Division will hold a bond of $4,624,936.00. This is an excess <br />in bond of $501,479.00. Although the Division will hold an excess in bond, the required surety <br />will remain at $4,624,936.00 because it has now been set through the Phased Bond Release <br />process. While the Division can not release (reduce) the current liability, if, in the future, it is <br />determined that the cost of the remaining reclamation at the Bowie No. I Mine exceeds the liability <br />held, the Division can request that additional bond monies be submitted. <br />Please review the reclamation cost estimate and inform the Division in writing whether or not the <br />estimate is acceptable to BRL. <br />6. Please revise the reclamation plan description in Section 2.05.4 of Volume 1 to update the current <br />status of reclamation activities at the unit train loadout. <br />The Division has no further concerns. The updated reclamation status was included in revised <br />permit application pages 60, 60-a, 60-b and 60-c of Section 2.05 in the November 14, 2007 <br />submittal. <br />7. In September of 2006, through Technical Revision No. 47, the revised reclamation schedule for <br />the Bowie No. I Mine was approved. This reclamation schedule is shown on Figure 2.05-5 in the <br />Final Abandonment Tab of Volume 6A of the permit application. Structural demolition activities <br />at the east mine and the unit train loadout were completed according to the approved schedule. <br />According to the approved reclamation schedule, backfilling and grading activities at the east <br />2