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C' <br />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 />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />May 4, 2011 <br />Mr. Kurt Blunt <br />Environmental Supervisor <br />Colowyo Coal Company <br />5731 Highway 13 <br />Meeker, CO 81641 <br />STATE OF COLORADO <br /> <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />RE: Colowyo Coal Mine, C1981-019, Technical Revision No. 84, Adequacy Letter No. 3 <br />Dear Mr. Blunt: <br />The Division has reviewed Colowyo Coal Company's (CCC) application for a technical revision (TR84). <br />This second adequacy letter addresses CCC's adequacy response received on April 11, 2011. I have <br />repeated the Division's comments from our February 25, 2011 second adequacy, with the Division's review <br />comments added in blue. Please find the Division's comments: <br />Aspen and Tall Shrub Establishment Areas <br />1. Page 4.15-12, third paragraph - The field study areas for Aspen (20 acres) and tall shrub (20 <br />acres) have been reduced proportionately (18.5 and 12.0 acres respectively) to the corresponding <br />reduction in plant community disturbance. It is the Division's understanding that 20 acres each <br />was felt to be an adequate size for successful field trials rather than a proportion of disturbed <br />habitat (see CDOW letter dated March 7, 2008). Does the CDOW still require 20 acre plots for <br />field trials? <br />Page 4.15-12, third paragraph - Colowyo's response to the Division's comment states that an <br />agreement was negotiated, in a meeting that took place on September 28, 2010, to reduce the <br />size of the aspen and tall shrub planting areas. The Division is familiar with this meeting and its <br />attendees, but has not received any official correspondence from CDOW regarding the changes <br />proposed by Colowyo. As per Rule 4.15.8(7), CDOW must approve these changes. Please <br />submit a letter from CDOW, on CDOW letterhead, stating their approval of changes to <br />Stipulation 13 and the proportional reduction of the 20 acre aspen and tall shrub planting areas. <br />2. Page 4.15-12, bullet 1 and page 4.15-12, bullet 2 - It is stated "Colowyo agrees to establish one <br />small (one acre) aspen establishment area..." This statement should read "Colowyo agrees to <br />establish 1-20 acres (or many field trial areas with a cumulative area not less than 20 acres) <br />Office of <br />Mined Land Reclamation <br />Denver - Grand Junction - Durango <br />Office of <br />Active and Inactive Mines