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5731 State Highway 13 ♦ Meeker, Colorado 81641 ♦ 970- 824 -1200 <br />August 8, 2013 <br />Mr. Rob Zuber <br />Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining & Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RECEIVED <br />ED <br />AUG 14 2013 <br />DM" OF RECLAMATION <br />UHNG AND SAFETY <br />RE: Colowyo Coal Company L.P., Mine Permit C -81 -019, Technical Revision <br />No. 99 (TR -99), East Taylor Out of Pit Spoil Revision <br />Dear Mr. Zuber, <br />Colowyo Coal Company L.P. ( Colowyo) received your adequacy letter dated July <br />22, 2013, and Colowyo has the following response to your comment. The original <br />comment from the Division has also been included. <br />1. The Division has reviewed the TR -99 application, and we see that the new <br />design does not contain a revised geotechnical analysis. This analysis should <br />be performed and included as an addendum in Exhibit 21, Item 1. <br />When this analysis is completed (or a sufficient explanation given as to why it <br />is not necessary), the Division can issue a proposed decision approving or <br />denying this application. <br />Response: Mr. Mark Gray (Shannon & Wilson, Inc.) has reviewed the current <br />approved design contrasted with the design proposed under this technical <br />revision and does not believe lowering the top elevation as proposed will <br />adversely affect the stability of the fill. With that, Mr. Gray has provided an <br />Addendum 3, Revised July 30, 2013, stating that additional stability analyses <br />are not required. This new addendum has been included under this cover as <br />an addition to Exhibit 21, Item 1. <br />Also included with this technical revision is a change of index sheet to ease <br />incorporation into the permit document. If you should have any additional <br />questions or concerns please feel free to contact Tony Tennyson at (970) 824- <br />1232. <br />A mining property of Western Fuels - Colorado, A Limited Liability Company <br />