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11-5 of the ARR to refer to Exhibit 5A. Attached, please find two copies of the corrected materials <br />for the Division's incorporation into the 2007ARR. <br />9. In 2007 Colowyo regraded 42.2 acres in the West Pit. The area that was regraded is <br />an "island" reclaimed with the 102 dragline as Colowyo was preparing to walk it into <br />a cut in the West Pit. Based on conversations during recent inspections, Colowyo has <br />stated they do not plan to topsoil or seed this `island' until the contiguous areas are <br />regraded and seeded. Map 29 - Spoil Grading - South Area, shows that Colowyo <br />committed to have approximately 430 additional acres regraded in the West Pit by the <br />end of 2007. This commitment has not been met. Included in the approximately 430 <br />acres is the West Pit overburden stockpile (Hink's Peak) which contains more than 3 <br />million yards of overburden that must be returned to the West Pit. Since Colowyo is <br />behind with the 2007 spoil grading commitment the Division is concerned that the <br />commitment for the 2008-2012 time frame will not be achieved. In summary, the <br />Division is concerned that Colowyo is not achieving the backfilling and grading <br />commitments in the West Pit and is not demonstrating contemporaneous reclamation. <br />In order to complete the committed spoil grading and to demonstrate <br />compliance with the Rules regarding contemporaneous reclamation, the Division <br />is requesting that Colowyo submit a detailed plan that will accomplish the <br />regrading of the approximately 430 acres in the West Pit. The regrading in the <br />West Pit, including the removal of Hink's Peak, will need to be completed no <br />later than 31 December 2009. Please submit the revised plan in the form of a <br />Technical Revision and submit it to the Division no later that January 23 2009. <br />Response: This comment is being addressed under a separate revision, TR-79 - Contemporaneous <br />Reclamation within the West Pit. <br />This concludes Colowyo's response to the Division's review of Colowyo Mine's 2007 <br />Annual Reclamation and Hydrology Report. Should you have any questions or require <br />additional information, please feel free to contact me at (970) 824-1578. <br />Sincerely, <br />J <br />Ryan Pawlowski <br />Environmental Engineer <br />Encl. 1 copy <br />Cc: file CF 17.14