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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />April 22, 2016 <br />Chris Gilbreath <br />Tri-State Generation and Transmission Association, Inc. <br />P.O. Box 33695 <br />Denver, CO 80233-0695 <br />Re: New Horizon 2 (Permit No. C-1981-008) <br />Technical Revision 71 (TR -71) <br />Adequacy Review 2 <br />Dear Mr. Gilbreath: <br />The Division received your responses to the March 25, 2016 adequacy questions for TR -71 regarding the <br />installation of a small pre -mine stock pond (SP 1). The Division finished its review of your responses and has the <br />following comment: <br />2.05.5 — Postmining Land Uses <br />According to Map 2.03.4-1 of the permit, the `owners of record' for the proposed location of stock pond <br />1 (SP1) are Mr. Lester Goforth and GW46 Irrevocable Trust. WFC provided a letter from Mr. Lester <br />Goforth who consented to the proposed location and design of SP1 but a letter was not provided from <br />GW46 Irrevocable Trust. The Division is unable to approve TR -71 without the expressed consent of <br />both equitable surface owner(s) as required by Rule 2.05.5(1)(b). Please provide comments by both <br />landowner(s) approving the installation and design of SP 1. <br />3.03.1 — Criteria and Schedule for Release of Performance Bonds <br />1. The Division agrees with WFC that a silt dam and a stock pond provide two different functions and that <br />this stock pond was a premine feature; therefore, Rule 3.03.1(3)(c) does not apply. Item Resolved. <br />If you have any questions or need additional information, please contact me at (303) 866-3567 ext 8142. <br />Sincerely, <br />AW�A___L <br />Brock Bowles <br />Environmental Protection Specialist <br />brock.bowles@state.co.us <br />QF CQ�Q <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director * * 1g76 <br />