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P000" <br />ENERGY COMPANY <br />P.O. BOX 467 GOLDEN, COLORADO 80402 <br />March 10, 2009 <br />Ms. Janet Binns <br />Division of Reclamation, Mining & Safety <br />Department of Natural Resources RECEIVED <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 IIAR 13 2009 <br />ny,c,r1 u: tCL-,oanlation, <br />Re: Minor Revision No. 43 Dining and Safety <br />Variance from Contemporaneous Reclamation <br />Keenesburg Mine (C-1981-028) <br />Dear Ms. Binns: <br />With the submittal of this Minor Revision No. 43, Coors Energy Company (CEC) is <br />requesting the Division's consideration of a further extension of the current variance from <br />contemporaneous reclamation, consistent with the time frames presently in place. CEC <br />would once again indicate that while reclamation may not have progressed at the rate <br />normally anticipated, the process does continue to move forward at a consistent steady <br />pace, commensurate with the availability of ash for fill material. Without the ash, the <br />goal of returning to "approximate original contour" could not be economically achieved <br />in a manner contemplated by either CEC or the Division of Reclamation, Mining and <br />Safety. By incorporating the use of the ash disposal activity, together with the further <br />approval of this variance from contemporaneous reclamation, CEC will be able to <br />continue with the reclamation of the Keenesburg mine site in a manner that would seem <br />to best reflect the goals and intent of the regulations. <br />Enclosed are the revision application form, minor revision explanation and three (3) <br />copies each of a proposed revision to page 117 of the Permit document. We have also <br />taken the liberty of revising several statements on page 117 to reflect the current state of <br />activities at the site. A favorable action on this proposed minor revision would be <br />appreciated.