2010-07-09_REVISION - C1981019 (3)

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Technical Revision No. 78 Permit No. C-1981-019 July 9, 2010 believe that a new PMT in the East Pit is either viable or warranted at this late date in the reclamation process. The Division's adequacy question remains (as follows). The issue of the Prospect drainage has been ongoing and outstanding since at least the 20 August 2007 preliminary adequacy review letter for Colowyo's Permit Renewal 05. Since that time there have been numerous letters, discussions and one notice of violation issued regarding the Prospect drainage. The implementation of alternate sediment control measures (including but not limited to major surface roughening, an additional sediment pond upstream of the Prospect Pond, stock tanks, etc.) is necessary to ensure the stability of both the reclamation in the East Pit and the Prospect. Pond embankment. As discussed during the NOV CV-2008-004 process, failure of the Prospect Pond embankment could have catastrophic results, not the least of which include possible damages to Colorado State Highway 13 and the loss of life. Implementing these alternate sediment control measures in the Prospect watershed is not an option. Colowyo must provido tho Division with a solid timeframe for the submittal of a Technical Revision addressing the permanent measures for the Prospect drainage. Such a timeframe must consider the importance of this issue and the fact that these measures will need to be implemented beginning in the 2010 construction season (when the majority of the internal ditches are removed and reclamation progresses in the Prospect watershed). This completes the fourth adequacy review of Technical Revision 78. Colowyo has requested a 45-day extension to this revision. The Division will grant an extension only until July 23, 2010. If Colowyo provides an adequate response, by that date, the Division may extend the deadline to allow us time to review. However, if no response is provided or the response does not substantively address the issues the Division has identified, we will propose to deny the revision. If that occurs the existing structures will be considered unpermitted and subject to an enforcement action. Alternatively, given the length of time that has passed since the revision was submitted and the lack of substantive resolution, the Division suggests that Colowyo withdraw TR-78. If Colowyo elects to pursue this option, a revision addressing the permanent hydrologic measures and sediment control for the East Pit reclamation must be submitted by Augustl0, 2010. We believe this is important as Colowyo approaches; the worst case hydrologic scenario in the Prospect Pond drainage. The goal is for Colowyo to have an approved plan for the East Pit reclamation and Prospect Pond drainage so that measures can be taken this field season. The Division is willing to meet and discuss prompt resolution of the Prospect Pond drainage plans. Please call me at (303) 866-3456 x8110 or Jim Stark x8145 if you have any questions. Sincerely, ll andra L. Brown Sr. Environmental Protection Specialist cc: Kurtis Blunt; Colowyo Coal Company Steve Gili, Colowyo Coal Company 5