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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 />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />8 April 2010 <br />Bill Ritter, Jr. <br /> Governor <br />Mr. Kurtis Blunt James B. Martin <br />Colowyo Coal Company, LP Executive Director <br />5731 State Highway 13 <br />Meeker, CO 81641 Loretta E. Pineda <br />Director <br />Re: Colowyo Mine C-1981-019 <br />Permit Revision 03 (Collom Expansion) <br />Dear Mr. Blunt: <br />The Division of Reclamation, Mining and Safety (Division) has received the Colowyo Coal <br />Company's (Colowyo) responses to the Division's 5 February 2009 incompleteness review letter <br />for Permit Revision 03 (PR-03). The responses were received by the Division on 29 March 2010. <br />The Division's review of the additional materials submitted indicates that not all preliminary <br />items required by the Colorado Surface Coal Mining Reclamation Act, Section 34-33-101 et <br />seq., have been submitted. Thus, your application for PR-03 has been considered incomplete for <br />the purposes of filing on 8 April 2010. The numbering in this letter follows that of the Division's 5 <br />February 2009 incompleteness letter (please note that question 38 is a new incompleteness <br />question). The following materials and information are required for completeness. <br />Rule 2.03.4 - Identification of Interests <br />This item is considered complete. The Division agrees that the ownership and <br />controller information required by Rule 2.03.4 was updated with the approval Minor <br />Revision 98 (proposed decision date of 30 October 2009). Based on the timing of the <br />responses to this incompleteness letter and the length of the PR-03 review the <br />Division may request that this information be updated again prior to proposing a <br />decision on PR-03. <br />2. This item remains outstanding. Rule 2.03.4(4) requires each application to identify <br />the property ownership and right of entry information. In the introduction to PR-03, <br />Colowyo indicates that there is a portion of unleased and unassigned Federal coal in <br />the Collom area. Based on a review of Map2 - Coal Ownership and Map 23B - Mine <br />Plan Collom Area, it appears that most of the coal in Section 24 and all of the coal in <br />Section 19 in the Little Collom X Pit is unleased BLM coal. While this lease is not <br />required for completeness, it will be required before a proposed decision can be <br />issued for PR-03. Please provide the status and timing of the lease application in this <br />office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines