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w <br />STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />Date: March 19, 2009 <br />To: Jason D. Musick <br />From: Daniel I. Hernandez <br />Re: Trapper Mining Incorporated, Permit Revision No. PR-06 <br />Follow-up to March 17, 2009 Meeting between TMI and the Coal Program <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Trapper Mining Incorporated's Permit Revision No. PR-06 was found Complete on February 9, 2009. <br />An initial review of the application resulted in a letter dated March 3, 2009 from our offices to the <br />company. That letter pertained to issues related to the company's proposed post-mining topographies <br />for the proposed Kimber ("K") Pit, the proposed K Buttress Fill, and the proposed Horse Gulch Fill. <br />On March 17, 2009, a meeting was held at the company's request between Jim Mattern, Seth Puls, and <br />Forrest Luke of Trapper Mining Company, and you, me and Dave Berry of the Division's Coal <br />Program. To provide some guidance to the company in their development of a response to our letter of <br />March 3, 2009, it was agreed that a list of certain statutes and rules associated with the issues discussed <br />during that meeting would be developed that the company could refer to. That list is provided below. <br />The company should realize that the statutes and regulations in this list are not the only ones that that <br />apply in the case of Permit Revision No. PR-06; rather, these statues and regulations pertain to the issues <br />discussed at the meeting: the mine plan, the methods of mining and equipment proposed, the <br />reclamation plan, the "K Buttress" and "Horse Gulch" excess spoil fills, coal and spoil geochemistry and <br />protection of the hydrologic balance, spoil handling, and post-mining topography. <br />Statutes <br />34-33-102 Legislative Declaration <br />34-33-103(3) Definition of "approximate original contour" <br />34-33-103(25) Definition of "surface coal mining and reclamation operations" <br />34-33-103(26) Definition of "surface coal mining operations" <br />34-33-110(2)(h) Description of type and method of existing and proposed surface coal mining <br /> operations, and the engineering techniques and equipment used or proposed <br />34-33-110(2)(i) The anticipated or actual starting and termination dates of each phase of the <br /> proposed surface coal mining operation... <br />34-33-110(2)(1) A determination of the probable hydrologic consequences... <br />34-33-110(2)(o) Cross sections, maps, or plans of the land to be affected.... <br />34-33-110(2)(p) A statement of the result of test borings or core samplings... <br />34-33-111(1) Each reclamation plan submitted as part of a permit application shall <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines