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<br /> <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 | Mike King, Executive Director | Virginia Brannon, Director <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Re: New Horizon 2 Mine Permit No. C-1981-008 <br /> Comment Letter Dated April 16, 2016 <br /> Liability Period of Haul Roads <br /> <br />Dear Ms. Turner: <br /> <br />Thank you for your comment letter dated April 16, 2016. It was received via fax on April 17, 2016. <br /> <br />In your letter, you proposed the argument that haul roads should not be subject to the 10 year liability period in <br />a farming community because the haul road is a very small portion of the farmland but has a disproportionately <br />large effect on the rest of the farmland. <br /> <br />The haul roads in question are the Northeast Haul Road and the BB Detour Road which are the subject of the <br />SL-18 bond release application. The SL-18 application requests a partial phase I bond release for both roads <br />and is currently being reviewed. The Northeast Haul Road and the BB Detour Road together cross seven farms. <br /> <br />Your letter makes several points with Rule citations to back up your point of view and is organized <br />thoughtfully. I copied what I believe to be each one of your points into this letter (in italics) and followed it up <br />with a discussion. I will be in Nucla next week (April 9-11, 2016) and will be available for a meeting to further <br />discuss these items. <br /> <br /> <br />“In the rules and regulations for the removal of haul roads, there is no specific time frame for the reclamation <br />of that haul road regarding a bond period. It is just an “implied” or understood time frame because of <br />historical factors.” <br /> <br />Rule 4.03.1(7) outlines the reclamation requirements for haul roads. You are correct in stating that no specific <br />timeline is listed in this rule regarding a bond period of a haul road, but this does not mean that haul roads are <br />exempt from the requirements of a liability period. Rule 4 is a set of performance standards. It is in Rule 3 <br />where terms of reclamation liability are discussed. All disturbances are subject to meet the requirements of <br />Rule 3 even though it is not expressly stated in the reclamation plan for each disturbance. The Rules define <br />what is considered a disturbance (Rule 1.04(36)) and states that all disturbances must meet the requirements of <br />Rule 3 before they will no longer be considered a disturbance. Rule 3.02.1(4) further states “liability on the <br />May 5, 2016 <br /> <br />JoEllen Turner <br />Slash M LLC <br />P.O. Box 346 <br />Nucla, CO 81424 <br /> <br />