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STATE OF COLOMDO <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) 666 -3567 <br />FAX: (303) 832 -8106 <br />13 August 2009 <br />Johnny Rich <br />Honeywood Coal Company <br />95 White Bridge Road, Suite 404 <br />Nashville, Tennessee 37205 <br />Re: Hamilton Mine — Permit No. C- 1991 -078 <br />Technical Revision No. 9 (TR -09) — Pond B — Permanent Impoundment <br />Preliminary Adequacy Review <br />Dear Mr. Rich: <br />The Division has received and reviewed the application submitted by J.E. Stover & <br />Associates for TR -09, which seeks to modify the Hamilton Mine permit to allow <br />Sedimentation Pond B to be retained as a permanent impoundment. <br />Section 1.04(86) defines "Permanent Impoundment" as an impoundment which is <br />approved by the Division and, if required, by other State and Federal agencies for <br />retention as part of the post - mining land use. <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. tattany <br />Division Director <br />Natural Resource Trustee <br />Rule 2.05.5(1) b) requires that the postmine Iand use description be accompanied by a <br />copy of the comments concerning the proposed use by the legal or equitable owner of <br />record of the surface... and the State and local government agencies which would have to <br />initiate, implement, approve, or authorize the proposed use of the land following <br />reclamation. <br />The Public Notice submitted with TR -09 lists Davis, Andrews LLLC and William E. <br />Bray as the surface owners. Page 2.03 -4 of the permit, last updated in October 1996, <br />lists Roy and Betsy Davis (and William Bray) as Surface Owners of Record. <br />Drawing 101 appears to name R. Davis and W. Bray as the surface owners of the <br />parcels which have been disturbed by mining operations. Exhibit 8 includes a letter <br />from Roy M. Davis and Betsy J. Davis, dated 01 August 1991, indicating their <br />preference that Sedimentation Ponds be left as permanent features following final <br />reclamation. <br />Please reconcile the discrepancy in surface ownership, updating Drawing 101 and <br />Page 2.03 -4 of the permit application package as appropriate to accurately reflect <br />current surface ownership for the Hamilton Mina Additionally, please modify <br />Drawing 101 at this time to reflect the change in the permit boundary approved <br />with TR -08 and illustrated on Drawing 135B. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />