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5731 State Highway 13 <br />July 27, 2012 <br />Mr. Rob Zuber <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 />RE: Colowyo Coal Company L.P., Mine Permit C -81 -019, Preliminary Adequacy <br />Review, Permit Renewal 6 (RN -06) <br />Dear Mr. Zuber, <br />Colowyo Coal Company L.P. (Colowyo) received preliminary adequacy review <br />comments from the Division of Reclamation, Mining and Safety (Division) on <br />May 29, 2012. Colowyo has the following responses to the Division's comments: <br />1. Stipulations <br />Response: No response required. <br />COAL <br />COMPANY b4 <br />.� mount °i° <br />• Meeker, Colorado 81641 <br />a. Currently Colowyo has five outstanding stipulations. Four of these are <br />related to potential development of the Lower Wilson Area and are not an <br />issue at this time. No response is required from CCC. <br />b. The remaining stipulation, Stipulation 7, relates to a groundwater point of <br />compliance. This stipulation needs to be resolved between CCC and the <br />Division. <br />Response: Points of compliance monitoring for the existing operation and <br />South Taylor have been discussed and debated several times in the near past, <br />most recently during the last mid -term review and permitting efforts <br />regarding PR -03. Colowyo's response to the most recent mid -term review <br />dated July 9, 2010 (to Mr. Jim Stark) refer to the two justifications provided <br />and incorporated into the permit text against initiating points of compliance <br />monitoring since 2001 and the specific justifications incorporated into the PR- <br />03 (Collom Expansion) package addressing points of compliance for the <br />existing operations in addition to the Collom area. Please refer to the <br />justification submitted in PR -03 Volume 15, Rule 4 pages 16 -21 (footer date <br />of 9/28/2011). Brant Dennis, a Certified Professional Geologist with extensive <br />A Western Fuels- Colorado, [[C mining property <br />• 970- 824 -1500 <br />RECEIVED <br />JUL 3 0 2012 <br />DivisioA of tieclamation, <br />Mining and Safety <br />