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Colowyo Mine C-1981-019 Technical Revision 66 -Second Adequacy Review Comments and Responses November 16, 2006 Based on the 24 October 2006 meeting and the Division's definition of worst- case disturbance and the floating bond concept, the volumetrics for the backfilling and rough grading of the East Pit, West Pit and Section 16 Pit need t be updated in the Technical Revision 66 reclamation cost estimate. The volumes in the reclamation cost estimate take into account some reclamation of the pits that needs to be added back to the worst-case disturbance for the current permit term. It was determined that the volumetrics used in Technical Revision 61 represent as close to a worst-case disturbance for the current permit term as practical. As decided during the meeting, please use the volumes stated in the Technical Revision6l reclamation cost estimate for the worst-case backfilling and rough grading volumes for the Technical Revision 66 reclamation cost estimate. Colowyo Response As previously discussed, Colowyo has incorporated the volumetrics from Technical Revision 61 into the Technical Revision 66 Bond Calculation as requested 2. Based on the 24 October 2006 meeting and question #2 of the 21 September 2006 preliminary adequacy letter, Colowyo will need to add replacement costs for the 300,000 cubic yards of additional topsoil stripped by the Bower Brothers in advance of the West Pit to the Technical Revision 66 estimate. This topsoil represents an additional disturbance above and beyond the original worst case disturbance as determined and, as such, must be added to the estimate. Additionally, as was discussed in the meeting, costs for topsoil replacement are not subject to the floating bond concept so all topsoil replacement cost must remain in the reclamation cost estimate until such a time as a Phase II Bond Release has been applied for and approved. Please add a cost for the replacement of the 300,000 yards of topsoil stripped by the Bower Brothers in advance of the West Pit to the Technical Revision 66 reclamation cost estimate. Colowvo Responee The 300,000 cuyds. of topsoil that was salvaged as part of the Bower Brothers project was not above and beyond the worst case disturbance, please refer to Map 23 within the Colowyo's permit C-81-019. In addition the majority of the Bower Brothers project resides within the pit limits of the West Pit, which necessitated the removal of the topsoil for the active truck shovel and dragline operation. In summary, Colowyo has included the 300,000 cu. yds. of topsoil in the reclamation bond estimate as discussed during our meeting. This inclusion should satisfy all requirements for topsoil shipping for the remainder of the West Pit