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TWENTYMILE COAL COMPANY - FOIDEL CREEK MINE <br />PERMIT REVISION PR09-08 <br />WESTERN MINING DISTRICT PHASE III DEVELOPMENT AND MINING <br />TECHNICAL ADEQUACY RESPONSES (08/09) <br />Item 1. Please provide documentation that Routt County has provided any approvals that are <br />required for Twentymile's proposed installation of nail monuments along the centerline of RCR27. <br />Response: Enclosed in this response package is a copy of the approved Routt County Special Use <br />Permit PP2009-008, which includes as Specific Condition No. 29, the referenced subsidence <br />monitoring provision. <br />Item 2. Please add to page 2.05-137, a brief explanation of the source of "unanticipated rapid rise <br />in water levels"Response: The referenced page has been revised to address several factors believed to have <br />contributed to the rapid increase in water levels for mine water stored in abandoned and sealed mine <br />workings. <br />Item 3. For any ranch land that will be flooded by subsidence ponding along Fish Creek in the <br />Western Mining District, please add to the permit application written correspondence from the land <br />owner(s) that indicates that they do not object to the flooding. <br />Response: The only lands potentially subject to subsidence-related flooding are undeveloped <br />rangelands utilized for seasonal livestock grazing, and owned either by Twentymile Coal Company <br />(TCC) or Cross-Mountain Ranch, LP. Any flooding will be minor and temporary, occurring within <br />narrow floodplain areas paralleling the Fish Creek channel. Any temporary, minor flooding will not <br />adversely impact livestock grazing operations, and may in fact, benefit these operations by increasing <br />water availability and enhancing vegetative growth and available forage in the flooded and adjacent <br />areas. <br />As the applicant, Twentymile Coal Company has no issues with the potential localized and temporary <br />flooding that may occur. For Cross-Mountain Ranch, LP lands, which maybe subject to minor <br />temporary flooding, the documents on which TCC bases its right-of-entry for the affected lands <br />provide full rights for any activities (including subsidence) which may be necessary to support <br />development and mining of the coal resource. Given these rights, and that the applicable regulations <br />do not specifically require a landowner letter relative to potential flooding, TCC respectfully requests <br />that the CDRMS refer to and rely on our valid existing rights relative to this comment. <br />Item 4. Is information in the permit application relating to water rights current for the Western <br />Mining District, including wells, adjudicated springs, and surface water? If not, please provide <br />updated information. <br />Response: The most recent Division of Water Resources listing (07/08) was checked to verify that the <br />water rights listings provided by Tables 9 and 12 are current and complete, and these tables were <br />revised and updated, as appropriate. The related PAP text in Section 2.04.7 was also reviewed and <br />updated, as appropriate.