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requirement and at present the Division has no concerns regarding the West Pit fill. The Section 16 fill information is located in Exhibits 7G-I. Construction on this excess spoil fill has been completed and the Division approved a Phase II Bond Release for the Section 16 fill on 15 August 2001. The fill was inspected quarterly on 25 May 2005, 21 September 2005 and 2 November 2005, as required (note: the fill was inaccessible during the first quarter due to snow). The Section 16 fill has been monitored from 14 August 1994 to the present. A review of the survey monument reports and graphs shows that the Section 16 fill has settled from 1.160 feet to 2.315 feet. This settling has been steady and consistent over the survey period and appeazs to be leveling off. The Division inspects the Section 16 fill as an ongoing part of its monthly inspection requirement and at present the Division has no concerns regarding the Section 16 fill. 6. Section 8 details the regraded spoil sampling as required in the PAP. In preparing this report the Colowyo Mine used suspect levels that have since been changed (Minor Revision 76, approved by the Division on 27 January 2006). The new suspect levels are contained on page 2.05-8 of the PAP and will apply to all future overburden sampling. One of the suspect levels contained on the table on page 2.05-8 needs to be changed. It is noted that sample I-21 shows a SAR level of 6.11. While this is not above the suspect level for the 2005 sampling program, it will be above the suspect level for the 2006 sampling, triggering additional sampling and possible remedial actions. 7. Permit page 2.05-8 states that Colowyo will sample the regraded spoil on 500- foot centers (approximately one sample every five acres). The Division does not have a copy of any map that shows the regraded spoil sampling locations. Please provide the Division with a copy of a map that shows all regraded spoil sampling areas. Permit page 2.05-8 states that Colowyo will sample the regraded spoil on 500-foot centers (approximately one sample every five acres). The text in the PAP commits Colowyo to sampling regraded spoil prior to topsoil replacement. The Annual Reclamation Report form states that 79.3 acres were topsoiled in 2005. Based on the information contained in Exhibits 8C and 8D, Colowyo performed six regraded spoil samples. Based on the commitment to take one sample every 5 acres, it appears as though Colowyo should have taken approximately 16 samples. Please provide an explanation as to why Colowyo did not meet its regraded spoil commitment contained in Exhibit 6 and Pages 2.05-8 and 2.05-9 of the PAP. 9. Section 9 of the Annual Reclamation Report contains detailed information regarding second, forth and seventh year vegetation monitoring for the East Pit, West Pit and Section 16 Pit. Attached is a chart that details the