2016-10-06_REVISION - C1981008 (3)

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COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 September 26, 2016 Jimmy R. Guire II GW46 Irrevocable Trust P.O. Box 587 Nucla, CO 81424 RE: New Horizon Mine, C-1981-008 Technical Revision No. 75 (TR -75), Objection Letter Received Dear Mr. Guire: The Colorado Division of Reclamation, Mining, and Safety (Division) has received your second letter on August 16, 2016 clarifying your objections to TR -75. Also, we are in receipt of your September 14, 2016 letter regarding TR -75. The Division is currently reviewing TR -75 for compliance with the applicable regulations and in light of your objection. The Division has forwarded your objection letter to the applicant. We will work with the applicant and with you towards a resolution of your concerns to the extent the regulations allow. Any correspondence between the Division and the applicant can be viewed using our electronic imaging system via this website: http://drmsweblink.state.co.us/drmsweblink/search.aspx?dbid=O Your second objection letter received by the Division on August 16, 2016 indicates that, "All land has to have a means to be irrigated by since flood/furrow irrigation is no longer possible (4.05)." Please explain why flood/furrow irrigation is no longer possible. Also please explain how the property in question was irrigated prior to mining, specifically how was water brought to the property prior to mining? Also based on your objection letter, the Division understands that you do not want the haul/service road to remain on your property and that your desire is that this area be reclaimed as irrigated pastureland. The Division agrees that if you do not want the proposed road to remain on your property that the applicant will be required to complete and implement the approved reclamation plan. This area will then be subject to the required 10 year bond liability period. The TR -75 application was deemed complete for review on September 9t1i, 2016 and the Division is required to issue a proposed decision by November 8, 2016. Mr. Brock Bowles the specialist assigned to the New Horizon Mine is on leave at this time and I will be processing this application in his absence. Should you have any questions please feel free to contact me at (303) 866-3567, extension 8120. o,Coto o I 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us * * John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director * 1876 4