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could have devastating consequences. Additionally, the Prospect drainage design requires a channel lining of riprap, yet currently sits at final grade without riprap protection. This could lead to channel erosion and gullies, producing sediment in a quantity that would rapidly fill or overwhelm the Prospect pond, leading to water quality concerns at a minimum and/or pond failure in a worse scenario. Having this amount of regraded spoil draining to a single sediment pond is unprecedented at Colowyo. There is no site-specific past experience that resembles that scenario that is developing. Furthermore, as stated above and documented in the approved permit, the Prospect pond was not designed for the conditions that currently exist in the watershed. To conform with the approved design, the on-the-ground conditions must be in reasonable compliance with the hydrologic assumptions in the current, approved permit. This will help to ensure the integrity of the current and future reclamation as well as the Prospect Pond and the undisturbed areas that le below the reclaimed lands. The Division will evaluate reclamation progress in the August inspection and work with Colowyo to ensure the design assumptions can be achieved or require a revision if necessary. Response: Currently, the approved 2002 SEDCAD design for Prospect Pond shows the worst-case scenario which encompasses a large part of the East Pit and part of the Section 16 reclamation. This plan does not take into account the delay to backfilling and grading of the East Pit which was necessary to maintain adeguate travel and access corridors for Highwall Mining Activities that concluded during 2005. Additionally, the 2002 design does not include recently approved changes to the PMT which in and of themselves help to reduce erosive potential and improve hydrological stability of this watershed. Colowyo will have regraded, topsoiled, and seeded approximately 85 acres of the East Pit this year. This area will produce minimal runoff to the Prospect Pond, which helps ensure the integrity of surface runoff to the Prospect Pond In addition, the Prospect Ditch is in the process of having riprap protection installed and will be completed this fall. This will eliminate gullies and channel erosion developing which could enter the Prospect Pond thus mitigating more surface runoff impacts. The Section 16 reclamation areas are also included in the worst- case scenario for Prospect Pond and are well vegetated and do not contribute water to the Prospect Pond. The rest of the East Pit is in the process of being backfilled. Currently, and for a time in to the future the vast majority of runoff emanating from the areas contributing to the Prospect Pond will be captured in the pit and will not contribute to the watershed. Colowyo is expending an immense amount of resources to ensure the Prospect Pond is not overwhelmed by surface runoff and sediment load. The 2002 plan was based upon hydrological assumptions that no longer match current operational activities. These activities were modified to further utilize coal reserves that were otherwise sterilized by previous mining activities, benefiting not only Colowyo but the citizens of the State of Colorado and DRMS. As much as Colwoyo would like, the East Pit will not be completely backftlled and regarded by late 2007. Resource availability and logistical considerations will cause the final reclamation of the East Pit to progress in several steps over the next few years, allowing sufficient time for the watershed to become stabilized gradually. Colowyo believes that the integrity of Prospect Pond is protected, and a worst case scenario will not unfold at the Prospect Pond locution.