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The revised construction plan resulted in further adequacy review questions. These questions were <br />contained in an adequacy review letter dated December 26, 2001. BRL responded in submittals dated <br />December 31, 2001, January 4, 2002, January 7, 2002 and January 9, 2002. BRL requested, and received, <br />an approved Substitute Water Supply Plan (SWSP) from the CDWR. <br />A computer check of the AVS for the proposed decision resulted in a conditional issue. There were no <br />updates to the AVS since the original AVS check. Therefore, Stipulation No. 12 did not have to be <br />modified. <br />The Division proposed a decision to approve Permit Revision No. 6 with conditions on January 14, 2002. <br />Stipulation No. 13 was attached to that proposed decision. The stipulation required the submittal of the <br />revised NPDES permit, the CDOT temporary construction access road permit and the Delta County road <br />use permit for County Road 4365. With no requests for a formal hearing, Permit Revision No. 6 was final <br />on February 13, 2002. <br />On July 2, 2001, the Division sent a letter to BRL that informed the operator that a complete submittal for <br />a permit renewal was due by October 6, 2001. The current permit was due to expire on April 4, 2002. <br />BRL did submit a permit renewal package on September 24, 2001. On October 2, 2001, the Division <br />called the submittal complete. Completeness letters were mailed and the completeness public notice was <br />published. Only the Colorado Historical Society responded to the permit renewal, stating that the agency <br />had no concerns with the renewal. <br />The Division sent its adequacy review questions in a letter dated December 5, 2001. BRL sent its <br />responses in a submittal dated April 2, 2002. The Division reviewed BRL's responses and sent out a <br />second adequacy review letter, dated April 12, 2002. BRL sent a final response submittal dated April 22, <br />2002. <br />A computer check of the AVS for the permit renewal proposed decision resulted in a conditional issue. <br />There were no updates to the AVS since the original AVS check. Therefore, Stipulation No. 12 did not <br />have to be modified but was still in effect for this permit renewal. <br />All of the adequacy issues were resolved, except for the concurrence by the Colorado Division of Wildlife <br />concerning the woody plant stem density standard for the reclaimed areas. Because this issue would take <br />time to resolve, Stipulation No. 14 was attached to this proposed decision. <br />The pages and maps that were revised in Permit Renewal No. 1 were placed into the permit application <br />through Minor Revision No. 21. This minor revision was approved on May 7, 2002. <br />The application for Permit Revision No. 7 was received at the Division on February 28, 2003. With this <br />revision, BRL proposed to construct the B-2 coal seam portal bench and entry portals. The submittal was <br />called complete on March 10, 2003. Completeness letters were sent on March 11, 2003 and the <br />completeness public notice was published. Only one comment letter, from the Colorado Historical <br />Society, was received at the Division concerning Permit Revision No. 7. <br />The Division conducted an Applicant Violator System (AVS) check on May 6, 2003. The system and <br />Office of Surface Mining recommendations were for a conditional issue. <br />The Division sent its preliminary adequacy review letter on April 14, 2003. BRL submitted its <br />preliminary adequacy review responses in a submittal dated April 24, 2003. Additional information was <br />sent by BRL in a submittal dated May 1, 2003. <br />9