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RECEIVED <br />AUG 4 2008 <br />Diwsfu,, v? w'.olanlation, <br />Mining and Safety <br />August 12, 2008 <br />Mr. James Stark <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St. Room 215 <br />Denver, CO 80203 <br />RE: Response to NOV No. CV-2008-003, Dated July 31, 2008, Colowyo Coal Mine, Permit No. <br />C-81-019. <br />Dear Mr. Stark: <br />On July 31, 2008, Colowyo Coal Company L.P. (Colowyo) was notified that the Division of <br />Reclamation, Mining and Safety (Division) was pursuing a Notice of Violation (NOV) for <br />"Failure to obtain proper approval for the designs of the Section 16 Pond Ditch Extension" <br />and "Failure to demonstrate compliance with Rule 4.05.9(2) for the Section 16 Pond". In <br />response, Colowyo respectfully requests that your office review NOV-2008-003 and consider <br />vacating the notice of violation for the following reasons: <br />1. We have submitted TR-65 and TR-71 which discuss this ditch. TR-71 is not approved <br />at this time. <br />2. There was no impact to the environment outside of the active disturbance boundary. <br />The ditch is located within the active pit progression disturbance boundary and is <br />considered in-pit disturbance. <br />3. An administrative infraction such as this is an issue of timing and is in no way a <br />willful act of noncompliance. <br />4. Colowyo contends that the structure in question is not functioning. It cannot receive <br />water; in fact, with 1.2" of precipitation on August 9th, no water from the mining <br />disturbance area entered the ditch. <br />5. Colowyo has approx. 5.6 miles of collection ditches, and all are within 90% of the <br />original design. This small change represents only 4.4% of the total perimeter <br />collection ditch. This is also an as built of an existing design. The as built is within <br />90% of the original design, and the change is a result of an in-pit adjustment. <br />In order to support these reasons, some background and supporting information are provided <br />for your review. The original Section 16 Pond Ditch Extension was approved in the length of <br />Environmental Engineer <br />(970)824-1529