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1. 5731 State Highway 13 • Meeker, Colorado 81641 December 27, 2012 Mr. Rob Zuber Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Colowyo Coal Company L.P., Mine Permit C -81 -019, Preliminary Adequacy Review, Permit Renewal 6 (RN -06) Dear Mr. Zuber, COAL COMPANY 4 40 OP t.E•PRODDC"CI OS• • 970- 824 -1500 R ECEJVED DEC 3 1 2012 Divi8ion of Reclamation, Mining & Safety Colowyo Coal Company L.P. (Colowyo) received preliminary adequacy review comments from the Division of Reclamation, Mining and Safety (Division) on December 19, 2012 via email from Mr. James Stark. Colowyo has the following responses to Mr. Stark's comments: You provided a "Table 1 — Summary of 2017 Bond Volumes" with the renewal materials. The volume listed for the Eastern and Western stockpiles (South Taylor stockpiles) is 52,822,000 CY. Based on the changed to these stockpiles in TR -81 (South Taylor /Lower Wilson — Rule 4, page 20), there is a total temporary volume of approximately 43,700,000 CY and a permanent volume of approximately 47,400,000 CY. This gives a total stockpile volume of approximately 91,000,000 CY. These numbers differ significantly from those shown in "Table 1" (both the temporary and the permanent volumes). What is the correct out -of -pit spoil for each temporary stockpiles. If the stockpile volume numbers differ from those listed in the permit, a revision will need to be submitted to update these numbers. Further, since these volumes are for a constructed fill, stability analyses and construction plans will need to be provided as well. Response: Colowyo has very recently submitted a TR which proposes a new spoil configuration and updated volumetric's for the permanent and temporary overburden stockpile in South Taylor. However, since this revision has not been approved and will not be approved before the renewal, Colowyo agrees the most up to date volumes are the ones approved under TR -81. 2. In the "Table 1" you provide a volume for "Area 1 ", which is the facilities area, the West Pit and the Roads, of approximately 10,3000,000 CY. Based on the TR -81 cost estimate, there was a West pit reclamation volume of approximately 13,100,000 CY .a Wcsrern Fuel,- Colorado, I.I.( 1 /li//iJl( property