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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Bill Ritter, Jr. <br />Department of Natural Resources <br />Governor <br />1313 Sherman St., Room 215 <br />Harris D. Sherman <br />Denver, Colorado 80203 <br />COLORADO <br />Phone: (303) 866 -3567 <br />D I V I S I ON Of <br />RECLAMATION <br />FAX: (303) 832 -8106 <br />MINING <br />Natural Resource Trustee <br />December 30, 2009 <br />SAFETY <br />Mr. Jerry Nettleton <br />Bill Ritter, Jr. <br />Governor <br />Environmental Supervisor <br />Harris D. Sherman <br />Twentymile Coal Company <br />Executive Director <br />29515 Routt County Road 27 <br />Ronald W. Cattany <br />Oak Creek, CO 80467 <br />Division Director <br />Natural Resource Trustee <br />Re: Foidel Creek Mine, Permit No. C1982 -056, TR70, Adequacy <br />Dear Mr. Nettleton: <br />The Division received Twentymile Coal Company's (TCC's) application for a technical revision (TR70) <br />on November 20, 2009. The application was determined to be complete on November 30, 2009. No <br />concerns have been received from other agencies regarding this proposed revision. The SHPO provided a <br />letter to the Division on December 16, 2009, concurring that no historic properties are expected to be <br />affected by the activities proposed with TR70. This letter was forwarded to you on December 16, 2009. <br />The Division has reviewed the proposed revision and has the following concerns: <br />1. Please include the sediment ponds located at the 18 -Left ventilation site in Section 23 on Map 24. <br />2. Appendix A, revised page TR09 -70, does not include costs for reclamation of the entire proposed <br />disturbance. Although TCC proposes to backfill and grade the trench incrementally as the pipeline <br />installation progresses, TCC must include costs for reclamation of the entire length of the <br />disturbance. See estimate for TR69 pipeline installation. Please include costs for backfilling and <br />grading, and topsoil replacement for the entire proposed 75.2 acre disturbance. <br />3. References to Stream Buffer Zones of 50 feet are incorrect. Rule 4.05.18 defines stream buffer <br />zones as 100 feet, or greater, of a perennial, intermittent, or ephemeral steam. Fish Creek is a <br />perennial stream. Revised pages 4.05- 45.18, and 2.05 -50.7 indicate that sediment control <br />materials will be used at any location where the pipeline corridor is within 50 feet of Fish Creek. <br />Please bring this distance in compliance with Rule 4.05.18 and employ sediment control measures <br />within 100 feet of Fish Creek. <br />4.. TCC previously provided the Division with a copy of the Special Use Permit issued by Routt <br />County, PP2009 -008, for construction of surface facilities adjacent to Routt County Road No. 27, <br />and mining beneath Routt County Roads No. 27 and 33. Please provide evidence to the Division <br />that installation of a waterline beneath Routt County Road No. 27 is consistent with the Routt <br />County Special Use Permit, or provided evidence that Routt County has approved this activity <br />beneath the public roadway. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />