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<br /> <br />10. The final sentence on Page 2.05-46, carrying over to Page 2.05-47, which states <br />"Colowyo is moving entirely away from applying topsoil in uniform layers...", <br />appears to be contradictory, depending on the response to question 9 above. <br />Please review the topsoil replacement on all areas of the mine site and correct the <br />above referenced statement if necessary. <br />Colowyo's Response: <br />Please refer to Colowyo's Response to questions 1, 3, and 9. <br />This completes the preliminary adequacy review for Technical Revision 82. The <br />Division's proposed decision date is 12 December 2009. Colowyo's prompt response to <br />the above questions will help in proposing a decision by this date. Please call me at <br />(303)866-3567 X8145 if you have any questions. <br />Colowyo continues to believe that Stipulation 12 was satisfied by the original TR-82 <br />submittal. Colowyo has described in great detail the process, criteria, limitations, and <br />goals that will be applied to all reclamation areas moving forward. The proposed path <br />moving forward is a logical process that is verifiable and ensures the topsoil resource is <br />managed appropriately. Colowyo has taken great pains to maximize the potential for <br />forbs and shrubs to establish, which has previously been problematic at this location. The <br />Office of Surface Mining recently added flexibility to the topsoil regulations in order to <br />spur innovation and an increased potential for operations to meet Phase III Bond release <br />on reclaimed coal lands in the future. Colowyo believes that the approved reclamation <br />plan and TR-82 will ensure biologically diverse topsoil depth environments that will <br />increase shrub establishment and meet all Phase III bond requirements at the time <br />Colowyo submits applications for these areas. <br />Please contact me should you have any questions or concerns at 970-824-1531. <br />Sincerely, <br />Kurtis R. Blunt <br />Environmental Engineer <br />cc: File