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Thank you both for your input, and for your patience. Please feel free to call me with any further questions or <br />comments you may have. <br />Dan <br />Daniell. Hernandez <br />Daniel I. Hernandez <br />Senior Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St, Room 215 <br />Denver, CO 80203 <br />New Phone Number: 303-866-3567 ext 8126 <br />Fax: 303-832-8106 <br />Website: www.minina.state.co.us <br />From: Brown, Sandy <br />Sent: Thursday, October 14, 2010 12:36 PM <br />To: Hernandez, Daniel; Berry, David <br />Subject: FW:Perimeter Disturbance Markers <br />Dave and Dan, <br />Please see the emails below that summarize the interpretation for the perimeter disturbance markers. OSM has <br />confirmed the interpretation Dan H. and I discussed yesterday. This interpretation is consistent with how we have <br />applied the marker requirements at the mines on my team. I don't see any conflict with the perimeter makers and <br />signage that Mountain Coal Company has proposed in their email to Dan. A revision to the Deserado permit will be <br />necessary to require perimeter markers on the large, extended long-term mine facilities. <br />I think we can put this issue to rest. <br />Sandy <br />From: Belka, Christine <br />Sent: Thursday, October 14, 2010 8:33 AM <br />To: 'Brown, Sandy'; Shaeffer, Elizabeth A. <br />Subject: RE: Disturbance Markers <br />Hi Sandy, <br />Yes, I believe you have captured my concerns. My thought on the subject is that the markers are intended to tell <br />equipment operators where they can and can't disturb ground. Main facilities areas are long-term disturbances where <br />equipment and stockpiles are regularly moving around. Keeping those areas delineated helps inspectors see if <br />boundaries are being pushed. Once constructed, MDW don't tend to have a lot of earth moving equipment on site. For <br />that reason, I would be ok with allowing those markers to be removed before final bond release. Ultimately, it is up to <br />you - whatever you think serves you and the intent of the regulation best. My other concern is consistency. After we left <br />Deserado, mine staff contacted several other operations and the Utah regulatory program to see how the regulation is <br />enforced elsewhere. <br />Thank you so much for your attention to this issue. <br />Christine <br />From: Brown, Sandy [mailto:Sandy.Brown@state.co.us] <br />Sent: Wednesday, October 13, 2010 11:20 AM <br />To: Belka, Christine; Shaeffer, Elizabeth A. <br />Subject: Disturbance Markers <br />5