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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 />September 4, 2009 <br />Jerry Nettleton <br />Twentymile Coal Company <br />29515 Routt County Road 27 <br />Oak Creek, CO 80467 <br />Re: Foidel Creek Mine (Permit No. C-1982-056) <br />Proposed Decision - Technical Revision No. 57 (TR-57) <br />Modification of 6MN Sedimentation Pond <br />Dear Mr. Nettleton: <br />COLORADO <br />D IV IS I ON 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 />Enclosed you will find the Division of Reclamation, Mining and Safety's Proposed Decision for Technical <br />Revision No. 57 at the Foidel Creek Mine. Notice of the proposed decision will be published in the <br />Steamboat Pilot as soon as possible. The first publication will initiate the ten (10) day public comment <br />period for the Division's decision. <br />Documentation must be submitted to the Division demonstrating that a copy of the approved revision <br />application was sent to the Office of Surface Mining and the Bureau of Land Management. The material <br />should be sent within 15 days of final approval. <br />Please refer to the Performance Bond heading on the enclosed proposed decision form. If the amount of <br />Bond Held equals or exceeds the Revised Liability, you need not submit additional bond. However, if the <br />Revised Liability exceeds the Bond Held, please submit additional bond or rider to your existing bond <br />that equals or exceeds the Revised Liability. This Technical Revision must not be implemented until this <br />proposed decision becomes final and until any required increase in bond is submitted to and approved by <br />the Division. <br />Please be advised that upon completion of the revisions to the 6MN Sediment Pond, TCC is required to <br />submit an "As-built" certification to the Divison in accordance with Rule 4.05.9(14) and documenting <br />that the pond has been constructed in accordance with the approved plan. If you have any questions, <br />please contact me. <br />Sincerely, <br />Protection Specialist <br />CLOffice of Carl Johnston, Office of Surface Mi}th enclosures C-TR-06 C1982056 JHB_090420091A 444.docOffice of <br />Mine cJ Land Reclamation enver •nimn unction urango - - ctive and Inactive Mines