2010-11-30_APPLICATION CORRESPONDENCE - C2010088 (2)

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Corey Heaps CAM- Colorado, LLC November 30, 2010 Rule 2.05.4(1) Reclamation Plan Page 18 64. In the first paragraph of this section, CAM says the land will be returned to an industrial and wildlife habitat land use. In Section (2)(d) of this section (third paragraph), CAM says the postmining land use will be rangeland and wildlife habitat. Revegetation success standards are based on the postmining land use, so it is important to be consistent. Please clarify the postmining land use and be consistent throughout the permit. 65. The application states that approximately 70,000 cubic yards of fill will be imported to construct the rail spur, rail loop and haul road and that this overburden material will be obtained from a permitted gravel pit. The Division has received documentation indicating this material will come from the adjacent parcel owned by Tavistock Partners, LLC, which is not a permitted gravel pit. Tavistock requested a determination from the Division regarding the necessity of obtaining a reclamation permit for the proposed excavation location of material intended to be utilized as fill for the coal loadout facilities. The Division's minerals section determined that the proposed operation would need a reclamation permit. Tavistock challenged the Division's decision and requested a Declaratory Order from the Mined Land Reclamation Board (Board) exempting the proposed operation from the need to obtain a reclamation permit. A declaratory order hearing was scheduled for the November 17, 2010 meeting of the Board. However, Tavistock and the Division mutually agreed to continue this hearing to the December Board meeting to allow for additional research to be conducted into the need for a reclamation permit (Construction Materials, Coal, or a combination) for this borrow site location. On page 2.05 -28 CAM states "Most of the imported fill will be obtained from an adjacent DMRS permitted gravel pit." Please clarify this statement and identify in the application the permitted pit including name, location and DRMS Permit Number. Also please note that DRMS is incorrectly spelled on this page of the application. Rule 2.05.4(2)(d ) Removal,_ Storage and Redistribution of Topsoil, Subsoil, and Other Material 66. The applicant plans to replace topsoil to an approximate 6" thickness on the areas from which it was salvaged. Narrative in the text section indicates that regraded surfaces will be ripped prior to topsoil replacement, "if necessary to relieve compaction ". Given the heavy textured subsoils and extent of compaction that will occur within the facilities area, ripping will be warranted. Please clarify that "ripping to a minimum 2 foot depth will be employed on regraded surfaces prior to topsoil replacement ". Rule 2.05.4(2)(e) Reve etation PIan 67. Narrative regarding the schedule of revegetation indicates that the time frame for revegetation could vary from as little as five years to more than 10 years. The intended meaning of this statement is not clear. Please provide language to clarify that permanent