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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 />COLORADO <br />D I V IS 10 N OF <br />RECLAMATION <br />MINING <br />SAFETY <br />14 September 2009 Bill Ritter, Jr <br />Governor <br />Harris D. Sherman <br />Ms. Jennifer Sekulski-Barton Executive Director <br />Colowyo Coal Company, LP Ronald W. Cattany <br />5731 State Highway 13 Division Director <br />Natural Resource Trustee <br />Meeker, CO 81641 <br />Re: Colowyo Mine C-1981-019 <br />Incompleteness Letter - Technical Revision 81 <br />Dear Ms. Sekulski-Barton: <br />The Colorado Division of Reclamation, Mining and Safety (Division) has received the <br />Colowyo Coal Company, LP's (Colowyo) 4 September 2009 submittal of Technical <br />Revision 81 - South Taylor Fill and PMT Changes. The Division's initial review <br />indicates that all items required by Rule 2.08.5(4) have not been submitted. Based on this <br />review, the TR-81 application is deemed incomplete for the purposes of filing as of 14 <br />September 2009. The Division will again review the revision for completeness upon <br />receipt of the requested materials. <br />Rules 2 OS 3(6) - Overburden and Rule 4.14 - Backfilling and Grading <br />1. On Page ST/LW-Rule 4, Page 20 Colowyo has changed the swell factor for the <br />South Taylor spoil from 20% (in the original PR-02 submittal) to 15%. Colowyo <br />will need to provide documentation and discussion for this decrease in swell <br />factor. Based on the decrease in swell factor, it follows that there will be less <br />overburden from the mining operations available for backfill and, therefore, less <br />spoil that would be required in a permanent fill(s). Please explain why Colowyo <br />has decreased the swell factor for the South Taylor spoil yet increased the total <br />amount of permanent, excess spoil from approximately 60 million cubic yards to <br />approximately 70 million yards. <br />Rule 2.10 - Maps and Miscellaneous <br />2. On new Map 45 - South Taylor Fill, there is no "proposed post-mining <br />topography line on cross-section D-D'. Please add this information and resubmit <br />Map 45. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines