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al. <br />O <br />)owe <br />O <br />Colowyo Coal Company <br />5731 State Highway 13 <br />Meeker, CO 81641 <br />January 18, 2010 <br />RECEWED <br />JAN 2 5 2010 <br />DhrWW of Hed=a"I, <br />Dining and as" <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's response to the Division's Third Adequacy Review for <br />Technical Revision - 78, Colowyo Coal Mine, Permit No. C-1981-019. <br />Dear Mr. Stark, <br />Colowyo received the Division's third adequacy comments for TR-78 and has the following <br />comments and responses regarding this technical revision's unresolved issues. <br />General Comments <br />The spoil grading schedule set forth in TR-79 is not a reclamation schedule. Map <br />29 states the schedule for regarding overburden, therefore the table prepared by <br />the Division applies to regraded areas, not reclamation acreages. <br />4. Response partially accepted. Colowyo has included the requested sump information <br />as Figure 3. This information is acceptable. Please note that the sump will require <br />an as-built design and PE certification pursuant to Rule 4.05.9(14) following <br />construction. A commitment to submitting the certification must be included in the <br />narrative. <br />Response: Colowyo will provide the Division with the above mentioned as-built <br />design and PE certification after the sump is constructed. A commitment to <br />constructing all impoundments in accordance with Rule 4.05.9(14) is already <br />stated in the permit. <br />5. Response not accepted. Question 5, addresses the size of the temporary sump in <br />the Prospect watershed, and remains outstanding pending the resolution of the <br />Prospect Pond model (question 10). The sizing of the temporary sump will have a <br />direct bearing on the Prospect Pond model and needs to be stated with certainty and <br />not "adjusted as necessary in the field". <br />Response: The storage capacity of the temporary sediment sump has been <br />revised in the SEDCAD modeling. The revised SEDCAD model uses a storage <br />capacity of 2.55 ac. ft. This size closely matches the 2.57 ac, ft shown on the <br />figure.