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<br /> Kurtis Blunt <br />pod* Colowyo Coal Company <br />0 5731 State Highway 13 <br /> Meeker, CO 81641 <br /> T:970-824-1531 <br /> <br />0 <br /> September 28, 2009 <br />Mr. James R. Stark Re- v ? <br />Environmental Protection Specialist <br />Colorado Division of Minerals and Geology S£P? <br />Department of Natural Resources Division or <br />1313 Sherman <br />CO 80203 et, Room 215 ?9inin9 a d 1009 <br />S0 ?? <br />Denver, o/4 <br />Re: Colowyo Mine C-1981-019 <br />TR-82 Response to Stipulation 12 - Technical Revision 72/RN-05 <br />Dear Mr. Stark: <br />Colowyo would like to thank the Division for the opportunity to resolve the issue of <br />variable topsoil replacement depths in this forum. As a result of our recent meeting, <br />Colowyo has amended Volume 1, Section 2.05 to incorporate the suggestions proffered <br />by the State as clarified by our communication. <br />The original text of Stipulation 12 has been included below along with Colowyo's <br />response and offered path moving forward to resolve this issue. It is my sincere hope that <br />this communication will resolve all of the Division's outstanding concerns. <br />Colowyo has chosen to request that the specific details regarding variable topsoil <br />replacement management be centered around the Annual Reclamation Report and <br />associated materials as opposed to relying on multiple permit maps that would require <br />annual updates and a steady stream of Technical Revisions to manage. Hopefully, the <br />Division is amenable to the consideration of this approach. We believe a better overall <br />reclamation product will be the result of this process. <br />Your comments and Colowyo's response is as follows: <br />Stipulation No. <br />12. NO LATER THAN I SEPTEMBER 2009 THE OPERATOR WILL SUBMIT A <br />COMPLETE TECHNICAL RE VISION APPLICA TION PROVIDING A <br />DETAILED PLAN FOR VARIABLE THICKNESS TOPSOIL REPLACEMENT