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Q MWH <br />November 26, 2003 <br />Mr. Michael P. Boulay <br />Colorado Division of Minerals & Geology <br />1313 Sherman Street -Room 215 <br />Denver, Colorado 80203 <br />(303) 8G6-3567 <br />RECEit/ir~p <br />NOV 2 $ 2003 <br />Division of Minerals and Geoldo~- <br />Re: Ken Coal Company -Marr Mine (Permit No. C-1980-006), Midterm Permit Review <br />(MTS) Adequacy Responses <br />Dear Mx. Boulay: <br />In response to your 18 September, 2003 Midterm Permit Review for Ken Coal Company's (Ken) <br />Marr Mine and Loadout, we have prepared the following responses to address both outstanding <br />issues and the identified Midterm Adequacy Issues: <br />Section If-Revisions to the Pettnit <br />Technical Revision No. 21 was submitted on September 24, 2001. The revision application was deemed incomplete <br />on October 5, 2001. Kerr bar not responded to the Division's completeness letter and the Division bat not reviewed <br />the application for adequacy. <br />Response: Techtucal Revision TR-21, submitted September 24, 2001, proposed a change in <br />posttnining land use from rangeland/wildlife habitat to pastureland/wildlife habitat. The rationale <br />for the proposed change in land use reflected both the land management plans of a prospective <br />buyer for the reclaimed Mazr mine site and practical limitations relative to reestablishment of <br />native vegetative cover for the Marr Pit, which was reclaimed during the interim regulatory period. <br />While land management plans of the purchaser of the Marr Mine property have not changed and <br />include more intensive management practices to enhance range productivity consistent with <br />extended grazing activities, the vegetative cover issue has been resolved through the February 2002 <br />Reclamation Liabihry Release fox the Marr Pit area. Given this consideration, and the fact that any <br />significant changes in land management practices would not be implemented until after Phase 3 <br />Bond Release, there is no longer a need for the proposed change in postmining land use. <br />Therefore, Kerr wishes to withdraw the pending request for review and approval of TR-21. <br />Section IV -Midterm Adequacy Questions <br />1. Kerr Coal Company had requested to defer reclamation of Pond G until a determination was made <br />relative to further extension of the lease operations raspension. On July 21, 2002, Kerr relinquished the <br />lease. Please provide a schedule jor the reclamation of Pond G. <br />P.0. 8oX 774016 T¢I: 970 879 6260 Delivering Innovative Projects and solutions Worldwide <br />1475 Pine Grove flood, Suite 109 Faz: 970 879 9048 <br />Steamboat Springs, Colorado <br />80477 <br />