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stability of both the reclamation in the East Pit and the Prospect Pond <br />embankment. As discussed during the NOV CV-2008-004 process, failure of the <br />Prospect Pond embankment could have catastrophic results, not the least of which <br />include possible damages to Colorado State Highway 13 and the loss of life. <br />Implementing these alternate sediment control measures in the Prospect <br />watershed is not an option. Colowyo must provide the Division with a solid <br />timeframe for the submittal of a Technical Revision addressing the permanent <br />measures for the Prospect drainage. Such a timeframe must consider the <br />importance of this issue and the fact that these measures will need to be <br />implemented beginning in the 2010 construction season (when the majority of the <br />internal ditches are removed and reclamation progresses in the Prospect <br />watershed). <br />This completes the third adequacy review of Technical Revision 78. The proposed <br />decision date for this revision is 20 November 2009. Colowyo's prompt response to the <br />above questions and comments is necessary so the proposed ditches can be constructed <br />this year and the extended decision date is met. Please call me at (303) 866-3456 X8145 <br />if you have any questions. <br />Sincerely, <br />James R. Stark <br />Environmental Protection Specialist <br />cc: Sandy Brown; CDRMS <br />Curtis Blunt; Colowyo Coal Company <br />Tay Tonozzi; Colowyo Coal Company