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approx. 1000 feet via Technical Revision 65 (TR-65). With the approval of PR-02, the TR-65 <br />revision was incorporated into the South Taylor Pit. In an attempt to minimize disturbance <br />associated with sediment control structures, Colowyo opted not to build Section 21 Pond until <br />such time that it is needed. This change required that the Section 16 Pond Ditch be extended. <br />The extension was requested in Technical Revision 71 (TR-71), where an additional 1,300 <br />foot in length was added to the previously approved ditch design. TR-71 was submitted on <br />March 31" and was received by the Division on April 2"d, 2008. The Division then requested <br />a preliminary adequacy review of the revision on May 13th, 2008. Colowyo provided all <br />requested information on July l oth, 2008 and the information was under review by the <br />Division at the time that the NOV was written. <br />Colowyo regrets this error in timing, but contends that the ditch extension in question is <br />within an existing disturbance boundary. No water from the disturbance area associated with <br />the South Taylor Pit has been allowed to intercept this structure; therefore technically, the <br />ditch has not been implemented and is not functioning as designed. The location of this ditch <br />is within the pit boundaries and will be mined through in future advancement, which is <br />covered under the current reclamation bond. <br />In conclusion, Colowyo respectfully requests that you consider vacating this NOV in order to <br />reflect the environmental and administrative impacts, and recognizing this error was simply a <br />process and timing issue. <br />Thank you very much for your time and consideration of this matter. <br />Please contact me at (970) 824-1529 if you have any questions or need any additional <br />information. <br />Sincerely, <br />J fifer Sekulski <br />Environmental Engineer <br />cc: 17.6.6 NOV-2008-003