2012-01-23_APPLICATION CORRESPONDENCE - C2010088 ‎(3)‎

• Permit No: C2010088
• IBM Index Class Name: Application Correspondence
• Doc Date: 1/23/2012
• Doc Name: Proposed Decision & Findings
• From: DRMS
• To: CAM-Colorado, LLC
• Email Name: MPB
• Email Name: SB1
• Media Type: D
• Archive: No

loadout and are listed in the PAP in Section 2.04.11 Fish and Wildlife Resources information and
in Section 2.05.6 Mitigation of the Impacts of mining Operations.
CAM - Colorado, LLC published public notice of its application for a new Mining Permit for the
coal loadout and railspur facility in the Daily Sentinel once a week for four successive weeks
beginning October 21, 2010. There were no comments regarding the new application for the
coal loadout facility received by the Division as a result of the public notice.
The Division queried the Applicant Violator System (AVS) on November 22, 2010; the report
from the system indicated no violations for CAM — Colorado, LLC or its owners and controllers.
On November 30, 2010, the Division requested additional information from CAM regarding
ownership and control information, as the information in the permit application package was
inconsistent with that of AVS. CAM responded with additional information on April 11, 2011.
Subsequent adequacy concerns were relayed to CAM on June 21, 2011. CAM's July 8, 2011
response addressed all but one concern, which was reiterated to CAM on August 10, 2011.
CAM's August 26, 2011 response completely resolved all of the Division's concerns with the
ownership and control information provided by CAM in the permit application package. AVS
was again queried on January 23, 2012 for this proposed decision, with a finding of no violations
for CAM and/or its owners and controllers.
The Division sent a preliminary adequacy review to CAM on November 30, 2010. The Division
received CAM's responses to the initial review on April 12, 2011. In the response, CAM
substantially revised the facilities plan including redesign of the rail spur, changes to Reed Wash
crossing, and redesigned sediment control plan.
After review of the revised materials, on June 21, 2011 the Division sent a second adequacy
review letter identifying new adequacy concerns as a result of the changes proposed by CAM to
the facilities and reclamation plans and detailing outstanding issues from the initial review.
On July 11, 2011, the Division received a second round of responses from CAM with additional
permit text and materials to resolve remaining issues. Following the Division review of these
revised materials a third adequacy letter was forwarded to CAM on August 10, 2011. CAM
responded again with revised application materials in a submittal dated August 19, 2011. Of
significance here was the removal of a borrow area site that had been proposed to be located
within the coal permit boundary. Due to many changes in text, and permit boundary changes,
two sections were resubmitted in their entirety, with changes made throughout. Reference to the
borrow area was removed in various places of the text and removed from all applicable maps.
The Division responded with a fourth and final adequacy review letter dated August 25, 2011.
The Division received responses to the fourth adequacy review letter on August 29, 2011. Based
on review of this fourth submittal of revised and additional materials, the Division determined
that all of the outstanding issues, with the exception of the biologic assessment, were adequately
resolved or could be resolved through minor clarifications.