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<br />Colowyo Coal Company <br />RE: Anulica? <br />ter. 5731 State Highway 13 <br />O Meeker, CO 81641 <br />T:970-824-1532 <br />M?• <br />rO+ <br />0 May 31, 2011 <br />Mrs. Janet Binns <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 />Dear Mrs. Binns, <br />7 r- 9", 77PIVE0 <br />Jui 2011 <br />Division or Keciamaiion, <br />Mining and 80* <br />Colowyo Coal Company, L.P., Colowyo Mine, has submitted a request for Phase III Bond <br />Release in areas of the 1978-1999 reclaimed areas. Colowyo has requested a total of <br />987.32 acres be Phase III Bond Liability released. This acreage represents areas in the <br />East Pit and West Pit respectively. <br />Per the Phase III field inspection completed on August 24, 2010 several items have been <br />noted which need to be completed prior to these acres are released. One item in <br />particular, item eight in the August 24, 2010 report, noted that several shrub enclosures <br />in the area have been fenced. Colowyo was requested to either remove the fences or <br />provide a permit revision discussing the retention of the fences in the post mining <br />landscape. Colowyo has elected to permanently open the enclosures in the Phase III <br />bond release area. <br />Six enclosures were identified and permanently opened on May 5, 2011. A minimum of <br />one side of each enclosure was cut open, with the majority having three or more areas <br />opened per enclosure. Included with the letter is one photograph from each enclosure of <br />the opening that was created. <br />Item nine in the August 24, 2010 field inspection also noted that all snow fences in the <br />Phase III area need to be removed or Colowyo was to provide a minor revision to leave <br />the fences as a permanent feature in the Phase III area. Colowyo has elected to remove <br />all the snow fences. That being said, all snow fences were removed during the fall of <br />2010. Unfortunately, pictures of the removal were not captured by Colowyo <br />environmental staff at that time. Current Colowyo environmental staff has walked <br />through the Phase III areas several times this spring and noted that all snow fences were <br />removed last fall. <br />The documentation of these activities should suffice to complete item eight in the August <br />24, 2010 field inspection report. If you should have any additional questions or concerns <br />regarding this matter please feel free to contact me at your convenience at (970) 824- <br />1532.