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the approved post mining topography as presented in the revision, it is not clear what <br />the applicant's intentions are for this area. How much, if any, of the area in:question <br />will be disturbed with regarding activities scheduled for 2011? What is the current <br />location of the undisturbed boundary in this area? <br />Response: During the April 5, 2011, Colowyo presented two items that needed to be <br />revised. The first item was the PMT tie in revision and the second was the 2011 spoil <br />grading block on Map 29 that needed to be revised. The Division unmistakably stated <br />during the Aprils meeting that Colowyo could submit both changes together or <br />separately and how the submittals were handled was at Colowyo's discretion. <br />Colowyo determined it would submit each revision separately. Map 29 was not <br />submitted as part of this revision and was not subject to be reviewed as part of this <br />PMT tie in as it is not current as stated during the meeting. <br />The 2011 spoil grading block on Map 29 was presented to the Division during the <br />April5 meeting, and will be revised and submitted accordingly under a separate <br />cover. Colowyo stated that Map 29 needed to be revised as Colowyo did not mine as <br />far as anticipated and will created un-needed disturbance to tie in this block as it <br />currently stands. The Division agreed during the meeting that additional disturbance <br />was not necessary and a revision was warranted. <br />5. The applicant continues to fails to show the acres backfilled and graded in the <br />previous year on maps submitted with the Annual Reclamation Report as required by <br />Rule 2.04.13(1)(c). The Division has pointed out this deficiency numerous times in <br />the recent past. This information is required by Rule 2.04.13 stated below: <br />2.04.13 Annual Reclamation Report. <br />(1) By February 15, or other such date as agreed on, each permittee <br />shall file an annual reclamation report covering the previous <br />calendar year for all areas under bond. The report shall include, <br />but not be limited to, text, discussion and maps which address: <br />(a) The name and address of the permittee and permit number; <br />(b) Location and number of acres disturbed during that year; <br />(c) Location and number of acres backfilled and graded during <br />that year; <br />The applicant should clearly show the areas backfilled and graded in the previous <br />year on a map submitted with the Annual Reclamation Report. Please submit a map <br />showing all areas regraded to final grade through 2010 at the same scale as Map 19 <br />and Map 29 of the approved permit. <br />Response; Colowyo Annual Reclamation Report (ARR) does show backfilled and <br />graded areas within the reclamation blocks that are shown on the Exhibit 5A. <br />Colowyo is showing regraded and backfilled blocks as reclamation blocks that may <br />Colowyo Coal Company • 5731 State Highway 13 • Meeker, CO 81641 <br />T+ 1 970 824 1529 • F+ 1 970 824 1598 • http://prospect.riotinto.org/irj/portal