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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />STATE OF COLORADO <br />COLORADO <br />ID IV I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />March 6 2013 John W. Hickenlooper <br />Governor <br />Mr. Ton Tennyson Mike King <br />Tony y Executive Director <br />Colowyo Coal Company <br />Loretta <br />5731 State Highway 13 Director E. Pineda <br />Meeker, CO 81641 <br />RE: Colowyo Mine, Permit No. C- 1981 -019, TR -97 — Second Technical Adequacy Letter <br />Dear Mr. Tennyson: <br />The Division received your letter dated February 11, 2013 with responses to our adequacy comments. The <br />following includes the full text of the Division's initial adequacy letter (January 14, 2013) and Colowyo's <br />responses, as well as our latest adequacy comments. Colowyo's responses are represented by the red italicized <br />text, while the Division's original text is bold black. Our latest responses are in plain text. <br />1. Please explain why all updates were made to Table 1. Table 1 (page Exh. 7 -14 -6) has been updated <br />with TR -97, but it is unclear why some of these updates were made. Some updates had nothing to <br />do with the issues from SL -06 (which is the primary reason for TR -97), including the update of <br />information for the West Pit Fill ditch and for the East Taylor Pond ditch. Other updates are <br />related to SL -06 issues, but it is still unclear exactly why the updates were made; for example, the <br />reaches were changed for Prospect Ditch. <br />Colowyo 's Response: <br />There may be confusion relating to the version of Table I that was used as the basis for TR -97, before the <br />changes in TR -97 are implemented. The only entries in Table I proposed to be changed via TR -97 are <br />those relating to the Taylor Ditch (addressed in Exh. 7, Item II, Part L), and three ditches in the Prospect <br />Drainage, namely Prospect Ditch, North Tributary East Pit Ditch and Final East Pit Ditch (all addressed <br />in Exh. 7, Item II, Part R). However, because Table I deals with all of the South Taylor ditches, it is <br />often changed by any TR dealing with the hydrology of the South Taylor area. It is therefore necessary <br />to refer back to the most recent previously approved TR that might have affected other ditches in Table 1. <br />For example, the data relating to West Pit Fill Ditch and East Taylor Pond Ditch were last revised <br />pursuant to TR -96, submitted July 30, 2012 and approved September 27, 2012. The data in the approved <br />Table I prior to the changes proposed herewith via TR -97 are the data that appear in Table I in that <br />recently approved TR -96 <br />Current Division comments: It is not clear that Colowyo addressed the information request. Please <br />explain the reasons for all of the changes in Table 1. It was anticipated that the only changes would be <br />the liner types for two channels, but many more changes were made. For example, why was there a <br />change in the division of reaches for Prospect Ditch? (There are now three reaches instead of two.) <br />Another example is the West Pit Fill ditch. For this ditch, why is Table 1 different than the post -TR96 <br />version (which is the version in the PAP)? Was the wrong version updated for the TR97 submittal? <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />