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<br />04 Kurtis Blunt <br />ir• Colowyo Coal Company <br />0 5731 State Highway 13 <br />Meeker, CO 81641 <br />O.. T:970-824-1531 <br />O <br />December 22, 2009 <br />Mr. James R. Stark <br />Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Colowyo Mine C-1981-019 <br />TR-84 Response to Stipulation 13 - Technical Revision 72/RN-05 <br />Dear Mr. Stark: <br />RECEIVED <br />DEC 2 92009 <br />Division of Reclamation, <br />- Mining and Safety <br />Colowyo would like to thank the Division for the opportunity to address the issue of <br />establishing tall shrub and aspen planting areas. Colowyo has committed to three <br />approximately one acre field trials to address this issue. Communications with CDOW to <br />address their concerns have begun and should resolve this issue as Colowyo believes <br />CDOW was advised and informed at the first meeting regarding the development of a <br />new reclamation plan that aspen and tall shrub establishment would not be a component <br />of the plan in lieu of focusing reclamation efforts on Sagebrush Steppe establishment and <br />sagegrouse brood rearing habitat. As evidence, Colowyo has from the beginning of this <br />process broken reclamation into two components, Sagebrush Steppe and Grassland. <br />However, Colowyo does see the benefit of implementing targeted field trials to further <br />expand knowledge of establishing these habitats on mined lands and will in good faith <br />pursue their success. <br />The original text of Stipulation 13 has been included below along with Colowyo's <br />response and detailed plans for the three proposed field trials. It is my sincere hope that <br />this communication will resolve all of the Division's outstanding concerns. As stated. <br />previously, Colowyo is in contact with CDOW in order to ensure they are on board with <br />this course of action. <br />Your comments and Colowyo's response is as follows: <br />Stipulation No. <br />13. NO LATER THAN 4 JANUARY 2010 THE OPERATOR WILL SUBMIT A <br />COMPLETE TECHNICAL REVISION APPLICATION ADDRESSING <br />ESTABLISHMENT OF TALL SHR UB AND ASPEN PLANTING AREAS IN