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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 13, 2010 <br />Mr. Jerry Nettleton <br />Environmental Supervisor <br />Twentymile Coal Company <br />29515 Routt County Road 27 <br />Oak Creek, CO 80467 <br />Re: Foidel Creek Mine, Permit No. C1982-056, TR70, Adequacy No. 3 <br />Dear Mr. Nettleton: <br />COLORADO <br />D I V I S I ON Of <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division'received Twentymile Coal Company's (TCC's) application for a technical revision (TR70) <br />on November 20, 2009. The Division has reviewed the proposed revision and sent an initial adequacy <br />letter to TCC on December 30, 2009. Twentymile Coal Company provided adequacy responses on <br />January 4, 2010. The Division sent a second adequacy letter to TCC on January 11, 2010. After sending <br />TCC the second adequacy letter, the Division received additional information from the U.S. Corps of <br />Engineers. The Division has one additional adequacy concern based upon the conversation with Mr. <br />Nathan Green of the U.S. Corp of Engineers, Grand Junction Office. <br />12. The Corp of Engineers indicated that based upon the description of TCC's proposed installation of <br />a waterline through Fish Creek, regional conditions require that any impacts to perennial streams <br />or wetlands require notification of the Corps. Mr. Green indicated that a Nationwide Permit-12 <br />would be appropriate for impacts due to utility lines. Please provide evidence to the Division that <br />TCC has procured the appropriate permit from the Corps of Engineers prior to disturbance of Fish <br />Creek, or provide evidence from the Corps of Engineers that a permit is not necessary. <br />Please provide responses to the Division's concerns by January 21, 2009 in order for the Division to meet <br />regulatory timeframes. Please call if you have any questions regarding the Division's concerns. <br />Sincerely, <br />Protection Specialist II <br />66-3567 ext. 8107 <br />C:/jhb/C82056/TR70/Adequacy-3.docx <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines