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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 />6 November 2009 <br />Ms. Jennifer Sekulski-Barton <br />Colowyo Coal Company, LP <br />5731 State Highway 13 <br />Meeker, CO 81641 <br />Re: Colowyo Mine C-1981-019 <br />Third Adequacy Review - Technical Revision 78 <br />Dear Ms. Sekulski-Barton: <br />COLORADO <br />D I V I S 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 Colowyo Coal Company LP's (Colowyo) 14 September 2009 <br />responses to the Division's 14 August 2009 second adequacy letter for Technical <br />Revision 78. The Division has reviewed the submittal and has the following comments <br />and questions. <br />General Comments <br />Colowyo submitted Technical Revision 78 as an abatement step for Notice of Violation <br />CV-2008-004. The language for the abatement was as follows "(s)ubmit to the Division <br />a complete Technical Revision detailing methods that will be immediately implemented <br />to reduce the peak flow into the Prospect Pond from storm events These methods have <br />been discussed in detail in the Permit Renewal 05 correspondence." Colowyo submitted <br />the necessary revision, TR-78, on 24 December 2008, as required. TR-78 contained <br />plans for three temporary internal ditches in the Prospect Watershed to route water from <br />the disturbed area into the final cut of the East Pit, where it would be contained and not <br />allowed to discharge. The revision also included plans for a temporary sump in the <br />Prospect watershed to contain, slow and treat some of the runoff from the disturbed area <br />prior to allowing it to ultimately discharge to the Prospect Pond. By its very nature this <br />revision, as the planned ditches and sump are in the spoil areas, was intended to be short- <br />term and temporary in nature. In the November 2008 assessment conference it was <br />discussed and agreed that TR-78 would be an interim water control plan until a <br />permanent plan would be submitted and approved. It was expected that TR-78 would be <br />implemented in the field during the 2009 construction season to help control the spring <br />2010 runoff. As it is already November, it may be difficult to construct the ditches this <br />year. Therefore, a prompt and adequate response to this letter is necessary so that the <br />ditches can be constructed prior to the 2010 runoff. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines