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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 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />January 22, 2009 <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Tom Bird Bill Ritter, Jr. <br />GCC Energy, LLC Governor <br />4424 County Road 120 Harris D. Sherman <br />Executive Director <br />Hesperus, CO 81326 Ronald W. Cattany <br />Division Director <br />Re: King II Mine (C-81-035), Technical Revision 16 (TR-16) Natural Resource Trustee <br />Dear Mr. Bird: <br />The Division has completed a preliminary review of the TR-16 application which proposes to revise <br />King II's mine plan map, King II-005. We have the following comments regarding the map. <br />The Division previously concluded during the review of Permit Revision 8 that DRMS/OSM <br />jurisdiction would be clearer if the state permit boundary and its affected area do not overlap <br />the federal permit area. On further review, the Division has concluded that overlapping the <br />state permit boundary with the federal permit boundary is necessary in order for the state <br />permit boundary and its affected area to encompass the angle of draw of the workings that are <br />in the state permit area. Based on this conclusion, please extend on map King II-005 the state <br />permit boundary and its affected area as far into the federal permit boundary as necessary to <br />encompass the angle of draw of the underground workings that are in the state permit area. <br />2. Please add to map King II-005 the permit boundary of the federal mining permit in the area <br />where it is near the permit boundary of the state mining permit area. <br />3. The submitted copy of map King II-005 shows the affected area boundary as approximately <br />500 feet farther east of the producing workings than is shown on the mine plan map that is <br />currently in the permit application. Please explain the reason for this expansion of the <br />affected area approximately 500 feet to the east into an area that is beyond the angle of draw <br />and the surface disturbance area. <br />4. Please modify the affected area boundary on map King II-005 northwest of Hay Gulch <br />Cemetery so that the affected area includes the area within the angle of draw. <br />Please call me if you have any questions. <br />Sincerely, <br /> <br />Tom Kaldenbach <br />Environmental Protection Specialist <br />cc: Dan Hernandez, DRMS <br />Office of Office of