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5731 State Highway 13 <br />November 7, 2012 <br />COAL <br />s <br />COMPANY <br />E01'LE. PRODUCTION <br />♦ Meeker, Colorado 81641 <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 />RECEIVED <br />Division of heclamation, <br />Mining and Safety <br />• 970- 824 -1500 <br />RECEIVED <br />NOV 0 q 2012 <br />1),v+san or rtedamawn <br />aw, <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 adequacy review comments <br />from the Division of Reclamation, Mining and Safety (Division) on October 8, <br />2012. Colowyo responded to the majority of the Division's comments under <br />separate cover, with the exception of comment 1, on October 23, 2012. <br />Colowyo is now providing the following response to comment 1: <br />1. Stipulations <br />Stipulation 7 relates to a groundwater point of compliance. This stipulation <br />needs to be resolved between CCC and the Division. <br />Response: Colowyo and the Division have discussed points of compliance <br />several times since 2005 when the Division first introduced the issue. Recently, <br />Colowyo has committed to establishing a bedrock groundwater point of <br />compliance within the proposed PR -03 permit application for the Collom Mine <br />expansion. Nevertheless, Colowyo believes that establishing shallow <br />groundwater point(s) of compliance for the existing operation continues to be <br />unwarranted for many reasons including but not limited to: up to 30 years of <br />surface and shallow groundwater monitoring data results supporting <br />insignificant impacts to water quality due to mining activities, NPDES <br />discharge monitoring data results supporting the insignificant contributory <br />pollutant potential of storm water /wastewater runoff from the mine; <br />numerous years of overburden suitably analyses results supporting the <br />Division's determination that Colowyo's backfill is benign in chemical nature; <br />and the very recent review and decision document generated for SL -05 that <br />A Western Fuels- Colorado, LLC mining property <br />