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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 />29 January 2009 <br />Mr. Kurtis Blunt <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 - Technical Revision 72 <br />Dear Mr. Blunt: <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <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 />The Division has received your responses to the Division's 26 June 2008 second adequacy letter <br />for Technical Revision 72. Thank you for your timely response to this letter. On 20 January <br />2009 the Division met with Brian Holmes and Jon Wangnild of DOW regarding the specifics of <br />the outstanding issues of TR-72. The Division has reviewed your responses and has the <br />following follow-up questions and/or comments. <br />Backfilling and Grading 2.05.4(2)(c) and 4.141 <br />1. Item Resolved in first adequacy review. <br />Topsoil [(2.05.(2)(d) and 4.061 <br />2. The proper footnote has been added to Table 2.05-1 as requested. Item Resolved. <br />Depending on the extent to which actual South Taylor salvage volumes differ from <br />volumes projected in the Soil Resources section of the application, topsoil replacement <br />plan narrative details may also need to be refined prior to initiation of South Taylor <br />topsoil replacement operations, in conjunction with future revision of the table. <br />In the 26 June 2008 letter, the Division requested further amendment of the topsoil <br />replacement plan, to provide the level of detail and commitment necessary to demonstrate <br />compliance with regulatory requirements and land use/community type objectives. <br />Additional details were requested, to ensure that topsoil will be redistributed to achieve <br />an approximate uniform, stable thickness consistent with postmining land uses and <br />vegetation requirements, and to ensure ecologically significant variation in replacement <br />thickness across the landscape. The Division specifically requested a plan that would <br />specify topsoil replacement thickness averages and ranges for delineated topographic <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines