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2. Colowyo submitted the As-built Certification and Pond Construction Report for <br />the west Taylor Pond on 5 November 2007 and the As-Built Certification and <br />Pond Construction Report for the Section 28 Pond on 28 November 2007. In <br />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 via a <br />Technical Revision. Please resubmit both the As-Built Certification and Pond <br />Construction Report for the West Taylor Pond and the As-Built Certification and <br />Pond Construction Report for the Section 28 Pond as a Technical Revision. The <br />two reports can be submitted under the same revision. <br />Response: Colowyo has submitted the As-Built Certifications and Pond Construction Reports for <br />the West Taylor Pond and the Section 28 Pond as a single Technical Revision per the <br />Division's request. The Technical Revision was verbally approved by the Division on <br />September 30, 2008. Subsequently, Colowyo submitted a copy of the Technical Revision <br />to the Moffat County Court House and is currently awaiting the 10-day public comment <br />period to end as well as a written approval from the Division. <br />3. Currently Colowyo has nine outstanding stipulations (stipulation 2-10). <br />f. Stipulation 7 deals with the points of compliance for the Colowyo Mine. <br />The Division and Colowyo met on 26 February 2008 and discussed the <br />need for a detailed analysis regarding points of compliance at the Colowyo <br />Mine. It was agreed that Colowyo would submit this analysis to the <br />Division no later than 31 July 2008. <br />Response: Colowyo is currently working on the analysis regarding points of compliance. Due to <br />more pressing issues such as the development of a new Reclamation Plan, Phase III Bond <br />Release criteria, and the limited availability of Brant Dennis, Colowyo's contracting <br />Geologist, Colowyo respectfully requests a new date acceptable to the Division be <br />assigned in this instance. <br />9. Regrading to rough grade is nearing completion in the Prospect Ditch watershed <br />of the former East Pit. Technical Revision #63 (TR-63) modified the post-mining <br />topography and drainage in this area. Post mining permanent drainage profiles <br />are shown on Map 33, revised and certifies 2/13/07. Plan view of this drainage is <br />shown on Map 41, Watershed Boundaries for Hydrologic Modeling, revised and <br />certified 2/14/07. Grade of the lower portion of the Prospect ditch were field <br />checked using a Suunto PM-5 Clinometer. <br />Colowyo Mine • 5731 State Highway 13 • Meeker, Colorado 81641 <br />T +1 970 824 1500 • F +1 970 824 1504 • www.rtea.com