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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 />AD <br />Denver, Colorado 80203 <br />F <br />D IV I ON <br />DV IS <br />OF <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br />14 October 2010 <br /> Bill Ritter, Jr. <br /> Governor <br />Mr. Ryan Pawlowski <br />Colow o Coal Compan <br />LP <br />y Mike King <br />y, Executive Director <br />5731 State Highway 13 <br />Meeker <br />CO 81641 Loretta E. Plheda <br />, Director <br />Re: Colowyo Mine C-1981-019 <br />Preliminary Adequacy Review - Technical Revision 87 <br />Dear Mr. Pawlowski: <br />Technical Revision 87 was submitted in three separate parts. The initial submittal is dated 10 <br />August 2010 (received on 11 August 2010). The second submittal is dated 3 September 2010 <br />(received 7 September 2010). The third submittal is dated 23 September 2010 (received 27 <br />September 2010). The second and third submittals included changes based on abatement steps <br />for Notice of Violation CV-2010-004 and meetings with the Division. The Division has reviewed <br />the information from all three submittals at this point. <br />In addition to other materials submitted, TR-87 presents and proposes three time-specific <br />SEDCAD models for the Prospect watershed, demonstrating that the sediment control system of <br />stock tanks, diversion ditches and the Prospect Pond will treat storm runoff to the required <br />effluent limitations in all three scenarios. Included in the modeling are five stock tanks within the <br />three constructed drainages above the Prospect Pond. The five stock tanks are included in the <br />time-specific SEDCAD models when they are constructed. These five stock tanks are no longer <br />secondary sediment control structures but are primary sediment control structures, which require <br />them to be designed, constructed and maintained similar to a sediment pond. As primary <br />structures, the stock tanks are not eligible for an inspection waiver. They will be treated no <br />differently than a sediment pond once they are constructed and will require a quarterly inspection <br />pursuant to Rule 4.05.9(14). <br />The Division has also asked Colowyo to include additional reclamation practices such as contour <br />ditches, surface roughening, terraces, etc. over the last few years following the issuance of CV- <br />2008-004, because of the Prospect Pond failure in August 2008. Colowyo has included a <br />commitment to use surface roughening and contour furrows in the East Pit on revised page 2.05- <br />30. <br />The following adequacy questions are based on the Division's review of the three packages of <br />material submitted by Colowyo for Technical Revision 87. <br />Office of Office of <br />Minprd I anrd Rprlamatinn Denver • Grand lunction • Duraneo Active and Inactive Mines