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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 />2 November 2009 <br />Mr. Ryan Pawlowski <br />Colowyo Coal Company, LP <br />5731 State Highway 13 <br />Meeker, CO 81641 <br />Re: Colowyo Mine C-1981-019 <br />Pond Outfall and Stock Pond Inspections - Third Quarter 2009 <br />Dear Mr. Pawlowski: <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 />The Division has received the 6 October 2009 Colowyo submittal of the Pond Outfall and <br />Stock Pond Inspections for the Third Quarter 2009. The report was received by the <br />Division on 13 October 2009. The report includes a visual inspection of all sediment <br />ponds and stock ponds at the Colowyo Mine, including as-built water level, storage <br />capacity and maintenance items. <br />Colowyo has indicated that all of the pond embankments are stable and free of any <br />erosional or maintenance problems. Colowyo lists the water storage capacities for each <br />of the ponds in their current (on the date of the inspection) state and indicates that all of <br />these levels are acceptable. The information detailed by Colowyo in the report correlates <br />with what the Division has found in its monthly inspections. The Division has no <br />questions or comments regarding this report. <br />This completes the Division's review of the Third Quarter 2009 Pond Outfall and Stock <br />Pond Inspection Report for the Colowyo Mine. Please contact me at (303)866-3567 <br />X8145 if you have any questions or comments. <br />Sincerely, <br />James R. Stark -? <br />Environmental Protection Specialist <br />cc: Sandy Brown <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines