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February 9, 2012 <br />Mr. Rob Zuber, P.E. - Environmental Protection Specialist <br />Division of Reclamation Mining & Safety <br />1313 Sherman St — Room 215 <br />Denver, CO 80203 <br />RE: KERR COAL COMPANY — PERMIT NO. C -80 -006 <br />TECHNICAL REVISION NO. 26 (TR -26) REQUEST <br />TERMINATE GROUND WATER MONITORING — LOADOUT SITE <br />Dear Rob Zuber: <br />Va <br />om5.10 of rz a t SmCtl <br />tOng <br />Kerr Coal Company (Kerr) respectfully requests approval of termination of <br />monitoring the remaining alluvial monitoring wells (AP -1 and AP -2) located at the former <br />Kerr Loadout site. The Loadout site is located one mile south of Walden, off of Highway <br />14 in Jackson County, Colorado. <br />Coincident with this request and under separate cover to the CDPHE, Division of <br />Water, Kerr is also preparing a request to terminate the current CDPS Discharge Permit <br />No.COG- 850036 for the former sedimentation pond, aka, Tipple Pond (now backfilled) <br />at the Loadout site. <br />Mining operations ceased in 1993, reclamation commenced and permanent <br />seeding was done in 1995 -96 at the mine. All but 17 acres remaining at the mine site <br />have received final bond release and all surface and groundwater monitoring has been <br />terminated at the mine. <br />The Loadout site was reclaimed (excluding the sediment pond) and permanent <br />seeding was done 1999 -2000. As approved in the Kerr Permit Document and pursuant <br />to appropriate sedimentation demonstrations, the Tipple Pond was backfilled during <br />November, 2011. Given that the backfilling of the pond was a recent activity, the <br />Loadout site has not yet been approved for final bond release. <br />On the interim, while waiting for conditions to allow for Kerr to request final bond <br />release at the Loadout site, Kerr requests, as stated above, that the water monitoring for <br />wells AP -1 and AP -2 be terminated. Throughout operations and the Ten Year <br />