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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 />19 May 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 />Fourth Adequacy Review - Technical Revision 72 <br />Dear Mr. Blunt: <br />COLORADO <br />D I V I S I O N 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 Colorado Division of Reclamation, Mining and Safety (Division) has received <br />Colowyo Coal Company LP's (Colowyo) responses to the Division's 29 January 2009 <br />third adequacy letter for Technical Revision 72. Thank you for your responses to this <br />letter. The Division has reviewed your responses and has the following follow-up <br />questions and/or comments. <br />Backfilling and Grading r2.05.4(2)(c) and 4.141 <br />Item Resolved in first adequacy review. <br />Topsoil [(2.05.(2)(d) and 4.061 <br />2. Item Resolved in third adequacy review. <br />3. The Division requested various modifications to the proposed plan for variable <br />topsoil replacement in the post 2008 units of the original permit area and the <br />South Taylor reclamation unit. In general, the Division requested commitments <br />and details to ensure that the plan would comply with Rule 4.06.4(2)(a), and also <br />to ensure that the plan would provide for ecologically significant variation in soil <br />replacement thickness, given the available soil volumes and the objective of <br />enhanced vegetative diversity. These same basic concerns regarding lack of <br />commitments and details had been identified in the Division's initial preliminary <br />adequacy letter of April 29, 2008. Specific requests made by the Division in the <br />January 29, 2009 letter were: <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines