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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832-8706 <br />18 May 2006 <br />Mr. Tay Tonozzi <br />Colowyo Coal Mine <br />5731 State Highway 13 <br />Meeker, CO 81641 <br />Re: Colowyo Mine C-1981-019 <br />Technical Revision 61 Liability Increase <br />Dear Mr. Tonozzi: <br />COLORADO <br />DIVISION O F <br />MIN SRALS <br />GEOLOGY <br />0.ECLANATION•NINING <br />SAFETY•ECIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Execlttive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division has reviewed the record regarding the increase in reclamation liability and <br />current bond deficiency based on Colowyo Mine's 2005 Midterm review and subsequent <br />submittal and approval of Technical Revision 61. <br />On 5 May 2005 the Division issued the 2005 Midterm Review. In that review, it was <br />noted that the reclamation liability at the Colowyo Mine increased substantially. Based <br />on the Midterm Review, the Division and CCC held an informal conference at the <br />Division's offices to discuss the reclamation liability. At that conference, CCC agreed to <br />submit a Technical Revision addressing the reclamation liability at the Colowyo Mine <br />(Technical Revision 61). <br />CCC submitted Technical Revision 61 (TR-61), which addressed the reclamation liability <br />and bond deficiency at the Colowyo Mine, on 17 November 2005. The Division deemed <br />TR-61 complete on 23 November 2005 and, after several rounds of adequacy review, the <br />Division issued a proposed decision to approve TR-61 on 22 March 2006. The legal <br />notice regarding the proposed decision was published in the Craig Daily Press one time <br />on 4 April 2006. Pursuant to Rule 2.08.4(6)(b)(iii), there was aten-day public comment <br />period. The Division did not receive any comments so on 14 April 2006 the proposed <br />decision to approve TR-61 became final. The proposed decision form and affidavit of <br />publication for the legal notice for TR-61 are enclosed. <br />Based on Technical Revision 61, the reclamation liability at the Colowyo Mine is <br />currently $34, L82,353.00. As of the date of this letter, the Division holds two <br />reclamation bonds for a total of $19,500,00.00. The two bonds are in the form of <br />corporate sureties from Liberty Mutual Insurance Corporation (016-029-909 in the <br />amount of $8,747,405.00 and 016-029-010 in the amount of $10,752,959.00). The <br />Colowyo Mine is currently under-bonded by the amount of $14,682,353.00. <br />Office of Office of Colorado <br />Mined land Rxlamation Active and Inactive Mines Geological Survey <br />