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NT OR <br />CH 3 <br />IN REPLY REFER TO: <br />Unite da ates Department of the Interior <br />Ronald W. Cattany, Director JAN 15 2008 <br />Colorado Division of Reclamation, Mining, and Safety (DRMS) <br />1313 Sherman Street, Room 215 Mining „ ??amation, <br />nArung and Safety <br />Denver, CO 80202 <br />RE: Liability Release, Snowcap Coal Company, Inc., Roadside Portals, Permit No.C-1981-041, <br />Colorado Division of Reclamation, Mining, and Safety, October 31, 2007 Proposed Decision and <br />Findings of Compliance (SL-3 - Liability release over underground mine workings). <br />Dear Mr. Cattany: <br />This letter acknowledges the Office of Surface Mining Reclamation and Enforcement (OSM), <br />Western Regional Office (WR), Denver Field Division's (DFD) receipt and review of the above <br />Proposed Decision and Findings document prepared by the Division of Reclamation, Mining and Safety <br />(DRMS) dated October 31, 2007. DFD agrees with the findings in the decision document and hereby <br />provides OSM concurrence for the above liability release action in accordance with 30 CFR 740.15 (d) <br />(3), and 30 CFR 906.30, Article IX, Section 24, of the State-Federal Cooperative Agreement. <br />A thorough summary of previous liability release actions and the operational and reclamation history of <br />the mine are accurately captured in the above DRMS Proposed Decision. Public and landowner <br />notifications of the liability release provided by the permittee Snowcap Coal Company (SCC), the <br />liability release inspection notifications provided by DRMS , and the DRMS findings for the liability <br />release inspection are documented in the Proposed Decision and related correspondence. DRMS <br />conducted the liability release inspection required at Colorado Rule, Section 3.03.2 (2) on August 28 <br />and October 17, 2007. <br />OSM, the Bureau of Land Management (BLM), the Bureau of Reclamation (BUREC), the City of <br />Palisade, the local water conservancy and irrigation districts, the Colorado Department of <br />Transportation (CDOT), the applicable surface landowners of the permit area (including owners of the 2 <br />private residences and 1 shop building located in the NW '/ Section 1), and landowners adjacent to the <br />permit area were notified of the liability release inspection dates. The two owners of the private <br />residences noted above were also notified of the liability release request prior to the inspection. <br />Neither landowner has contacted DRMS with subsidence related concerns on their respective properties, <br />or requests for inspection of their residential dwellings or other structures. <br />DRMS, SCC, BUREC, CDOT, the Orchard Mesa Irrigation District, and the Ute Water Conservancy <br />District representatives participated in the liability release inspection. Jim Stover, P.E., and Tonya <br />Hammond of J.E. Stover and Associates represented SCC. <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 <br />January 10, 2008 RECEIVED <br />1NMERLC4 ??