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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 />2 March 2010 <br />Mr. Ryan Pawlowski <br />Colowyo Coal Company, LP <br />5731 State Highway 13 <br />Meeker, CO 81641 <br />Re: Colowyo Mine C-1981-019 <br />Incompleteness Letter - Technical Revision 85 <br />Dear Mr. Pawlowski: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />James B. Martin <br />Executive Director <br />The Colorado Division of Reclamation, Mining and Safety (Division) has received the <br />Colowyo Coal Company, LP's (Colowyo) 18 February 2010 submittal of Technical <br />Revision 85 - Reclamation Bond Update and Consolidation (dated 15 February 2010). <br />The Division's initial review indicates that all items required by Rule 2.08.5(4) have not <br />been submitted. Based on the Division's review, the TR-85 application is deemed <br />incomplete for the purposes of filing as of 1 March 2010. <br />The reclamation cost estimate proposed in TR-85 was calculated based on changes to the <br />mining and reclamation plans proposed in Technical Revision 81 (changes to the East <br />and West Taylor Fills and the temporary overburden stockpiles in the South Taylor area). <br />TR-81 is currently in the review process and a decision has not been proposed. Therefore <br />the Division believes it is premature to update the costs associated with the proposed TR- <br />81 changes at this point and will evaluate the cost estimate in the TR-81 review process <br />to reflect any changes that may be approved in that revision. <br />Colowyo updated the entire cost estimate using current costs and reorganized the permit <br />application to consolidate the two estimates for Colowyo (Exhibit 13, which covers the <br />main mine area, facilities area and Gossard Loadout and Exhibit 13A, which covers the <br />South Taylor mining and facilities area). If Colowyo wants to resubmit TR-85 with the <br />updated costs and the reorganized Exhibits 13 and 13A, the application must be <br />resubmitted using the currently approved mining and reclamation plans (not anticipated <br />changes from a revision under review, such as TR-81). <br />Based on the Division's completeness review for TR-85, the following materials will <br />need to be submitted. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines