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r,. Mr. Ross Gubka, P.E. <br />Western Fuels-Colorado <br />May 17, 2007 <br />Page - 2 - <br />• WFC will meet with area landowners prior to submittal of the new revision <br />application to explain the revision proposal, and listen to and give consideration <br />to landowner concerns prior to finalization and submittal of the application; <br />• The new revision application will contain parcel specific detailed description and <br />documentation regarding premining land use, irrigation, and vegetation status; <br />• The postmining land use designations and revegetation plan will be based on <br />consideration of premining land use, and water availability/water rights <br />associated with individual land parcels; <br />• Water rights documentation will be provided with respect to availability of water <br />for long term (post-bond release) irrigation, as well as irrigation by WFC during <br />the reclamation liability period; <br />• WFC will review the topsoil replacement concerns raised by JoEllen Turner and <br />consider modifications as warranted (NRCS recommendation will be solicited). <br />The Division will review the current permit requirements and reclamation <br />practices regarding topsoil salvage and replacement, and will forward requests if <br />modifications are determined to be warranted; <br />• The new revision submittal will contain an itemized accountingtresponse to all <br />of the adequacy issues raised in our November 21, 2006 (TR-54) adequacy letter <br />and our December 11, 2007 (TR-55) adequacy letter; <br />• The new revision submittal will include documentation that all property owners <br />of record in the permit area have been notified of the application and have been <br />given the chance to provide comments regarding the proposed postmining land <br />uses, pursuant to Rule 2.05.5(1)(b). <br />Based on the above discussions and conclusions, please submit to the Division a written <br />request to withdraw the TR-55 application, no later than January 19, 2008. <br />If you have any questions please call me. <br />Sincerely, <br />Ai iIMO P, 3 <br />Michael P. Boulay <br />Environmental Protection Specialist <br />C: Denver File <br />Enclosures <br />-2-