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Tay Tonoui <br />Manager, Site Technical Service <br />Rio Tinto Energy America - Colowyo Mine <br />PH: (970) 8Z4-1579 <br />Fax: (970) 824-1598 <br />June 5, 2007 <br />RECEIVED <br />JUN 1 1 2007 <br />Division of Reclamation, <br />Mining and Safely <br />Ms. Sandra Brown <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RE: Colowyo Mine C-1981-019, Revision No PR-02 <br />Response to DRMS Proposed Decision Stipulation Number 5. <br />Dear Ms. Brown, <br />As promised, attached you will find the signed Decision form that was requested by you on June <br />5, 2007. As previously discussed with you and your team, on multiple occasions, Colowyo does <br />not agree with stipulation number 5 regarding the monitoring sites A7 and A8 to be included into <br />the permit document. Colowyo has also requested on multiple occasions to have the stipulation <br />rephrased to state that a discussion concerning this issue would need to occur within 30 days after <br />the approval of PR-02; which would allow both the Division and Colowyo to formally evaluate <br />the topic and come to a fair resolution. Colowyo does not believe this requirement is reasonable <br />in accordance with the rules, and requests that a meeting between the Division and Colowyo be <br />scheduled to discuss this issue in its entirety. <br />Colowyo has discussed this issue with David Berry, of the Division of Reclamation, Mining and <br />Safety, to ensure that this issue will be discussed and to make certain that by signing this form, <br />Colowyo does not wave its right to protest this stipulation. <br />If you have any questions or require additional information, please don't hesitate in contacting <br />me at the phone number above. <br />Sincerely, <br />Tay Ton6zzi/~ <br />Manager, Site Technical Service <br />ca David Berry, Keith Haley <br />Colowyo Mine • 5731 State Highway 13 • Meeker, Colorado 81641 <br />T +1 970 824 1500 • F +l 970 824 L504 • www.rtea.cotn <br />