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STATE OF COLO[LSDO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />13 May 2008 <br />Mr. Ryan Pawlowski <br />Colowyo Coal Company, LP <br />5731 State Highway 13 <br />Meeker, CO 81641 <br />Re: Colowyo Mine C-1981-019 <br />Third Adequacy Review -Permit Renewals (RN-OS) <br />Dear Mr. Pawlowski: <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Pursuant to Rule 2.08.5(3)(f) an application for renewal must be received by the Division <br />no later than 180 days prior to permit expiration in order for the operator to maintain the <br />right of successive renewal. Colowyo's permit expired on 5 November 2007. Based on <br />the expiration date, the Division must have received Colowyo's application no later than <br />9 May 2007. Since the Division received the application for renewal prior to this date <br />(on 27 April 2007), Colowyo retains the right of successive renewal for Coal Mining <br />Permit No. C-1981-019. <br />The Division is writing this third adequacy letter to clarify the issues that remain <br />outstanding for the Colowyo Mine's Permit Renewa105. Based on a review of the <br />correspondence since the preliminary adequacy review (of 20 August 2007), the 12 <br />revisions that been received and/or approved since that date and the meetings that have <br />taken place between the Division and Colowyo, some of the midterm issues have been <br />resolved and others remain outstanding. The Division has the following comments and <br />questions. <br />1. Response Accepted. Colowyo changed the appropriate permit page and they <br />submitted their first set of quarterly professional sediment pond inspections on <br />27 March 2008. <br />2. Colowyo submitted the As-Built Certification and Pond Construction Report <br />for the West Taylor Pond on 5 November 2007 and the As-Built Certification <br />and Pond Construction Report for the Section 28 Pond on 28 November 2007. <br />In order to properly document the completion of these ponds and to detail for <br />changes in the designs, the Division requests that these reports be submitted <br />via a Technical Revision. Please resubmit both the As-Built Certification <br />and Pond Construction Report for the West Taylor Pond and the As- <br />Colowyo C-1981-019 <br />Permit Renewal OS <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />-&- <br />SAFETY <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />