REV104555

• Permit No: C1981019
• IBM Index Class Name: Revision
• Doc Date: 10/9/2007
• Doc Name: Preliminary Adequacy Review
• From: Colowyo Coal Company L.P.
• To: DRMS
• Type & Sequence: RN5
• Media Type: D
• Archive: No

Response: Minor Revision 88 was approved by the Division on August 21, 2007. Colowyo has fulfrlled
this stipulation requirement. No additional information is required.
£ Stipulation 7: The Colowyo Coal Company shall submit a TECHNICAL revision to
the Division which provides an analysis of groundwater points of compliance at the Colowyo
Mine pursuant to Rule 4.05.13(1). This analysis will be done in consultation with the
Division and will include a written determination of the need for groundwater points of
compliance at the mine. If deemed appropriate, based on this analysis, Colowyo shall
establish one or more points of compliance for the Colowyo Mine. This stipulation is a
future compliance issue that the Division would like to meet with Colowyo to discuss.
The Division would like to meet prior to the end of September 2007 regarding the
point(s) of compliance.
Response: Colowyo will be in contact with the Division in the near future to address this stipulation.
g. Stipulation 8: No later than 15 Mazch 2008 Colowyo Coal Company shall submit a
Technical Revision to the Division containing a comprehensive reclamation plan for the East
Pit, West Pit, Section 16 Pit, South Taylor Pit, facilities area, Gossard Loadout and all
remaining disturbances at the Colowyo Mine. The revision will update some methods of
reclamation that aze currently used at the Colowyo Mine. Further, the revision will address
Division concerns regarding revegetation, soils handling and species diversity success
standards, etc. to meet the current post-mining land-use. Consultation with the Division, the
Colorado Division of Wildlife, the Bureau of Land Management and other appropriate
agencies will be necessary. This stipulation is a future compliance issue that is due on or
before 15 March 2008. The Division would like to meet with Colowyo and all necessary
parties prior to the submittal of the Technical Revision to work through the numerous
issues involved. The following dates are suggested: 17 September 2007, 21 September
2007 or 24 September 2007 as any one of the dates works well with the Division and
DOW personnel.
Response: As discussed at the meeting held at Colowyo Mine on Monday, September 24 including
attendees Jim Stark (DRMS), Dan Matthews (DRMS), John Wagnild (CDOW), Kurtis Blunt
(CM), Tay Tonozzi (CM) and Tony Tennyson (CM), on-going cooperative discussions will
continue with regards to this matter as the submittal is developed.
h. Stipulation 9.• Prior to conducting any highwall mining in the South Taylor Pit the
Colowyo Coal Company shall submit a TECHNICAL revision to the Division including a
mining plan and sequence, a stability analysis and a zero subsidence analysis and plan.
Highwall mining may not begin in the South Taylor Pit until the aforementioned revision has
been approved by the Division. This stipulation is a future compliance issue that will
need to be addressed prior to any highwall mining in the South Taylor Pit Area.
Response: As previously agreed upon by Colowyo and the Division during Permit Revision 02, Colowyo
will submit a mine plan and subsidence analysis prior to commencing arty highwall mining in
the South Taylor Pit.
i. Stipulation 10: Prior to disturbing any lands along the Wilson Creek the Colowyo
Coal Company shall provide the Division with a detailed analysis and discussion of the