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STATE OF COLORADO <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 />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />25 November 2008 Bill Ritter, Jr. <br /> Governor <br /> <br />Mr. Ryan Pawlowski Harris D. Sherman <br /> <br />Colowyo Coal Mine Executive Director <br /> <br />5731 State Highway 13 Ronald W. Cattany <br />Division Director <br />Meeker, CO 81641 Natural Resource Trustee <br />Re: Colowyo Mine C-1981-019 <br />2007 Annual Reclamation Report Review - Report Sections 3-10 <br />Dear Mr. Pawlowski: <br />The Division has received the Colowyo 2007 Annual Reclamation Report and <br />appreciates Colowyo's timely submittal of the report. The 2007 Annual Reclamation <br />Report binder also contains the 2007 Annual Hydrology Report. Sections 1 and 2 of the <br />binder contain the Annual Hydrology Report and Sections 3-10 contain the Annual <br />Reclamation Report. A review of sections 1 and 2 of the report, containing the 2007 <br />Annual Hydrology Report, will be sent under a separate cover. The Division has <br />reviewed the Annual Reclamation Report and has the following questions and comments. <br />1. There is an acreage and/or addition error on the Division's Annual <br />Reclamation Report form in Figure 3-1. Colowyo reports that the cumulative <br />total disturbed acreage is 4,151.16 acres. This number is arrived at by adding <br />the cumulative total acres backfilled and graded (1,754.43 acres) + acreage in <br />active mining areas (2,099.12 acres) + acreage in long-term mining or <br />reclamation facilities (472.72 acres). When the above three categories are <br />added with the numbers given in the 2007 Annual Reclamation Report, the <br />cumulative total is 4,326.27 acres. These two numbers are in obvious <br />disagreement (by 175.11 acres). This acreage discrepancy is an issue that has <br />been ongoing for more than five years. Please review the acreage numbers <br />reported on the form and make the necessary corrections and resubmit <br />the Annual Reclamation Report form in Figure 3-1. <br />2. The seed mix and seed tag and invoice contained in Exhibits 4-1, 4-2 and 4-3 <br />are all in agreement. There are some minor differences in the required <br />percentage of seed in the seed mix versus the actual percentage of seed in the <br />seed mix due to impurities and inert matter. The Division appreciates <br />Colowyo's detailed attention to this part of the reclamation plan. The <br />Office of Office of <br />Ui-A 1 -4 R-I-t;nn hanvar . Crand Innrtinn • n, iranen Active and Inactive Mines