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I of 20 <br />5 May 2010 <br />w to F;/R''i- (4i. <br />Pi! F�ia t'F Mr. & Mrs. Bud Benson <br />HC Box 942 <br />Sonoita, AZ 85637 <br />4 %le(? <br />RE: New Horizon Mine - Permit Revision 06 Concerns <br />Dear Mr. Benson: <br />We received a copy of your concerns regarding the Permit Revision filed with the <br />• Colorado Division of Reclamation, Musing, and Safety (DRMS) for the New Horizon #2 <br />Mine in Nucla. CO. it is our goal in this letter to answer the questions you posed <br />regarding changes to post -none land use at New Horizon, and respond to your concerns <br />as well. Please read over this letter and let us know if you have any further questions or <br />continents. You have always been a fair and reasonable person and we hope that these <br />responses address your concerns. <br />Orieinal Proposal in Permit Revision 06 <br />The State agency, the Division of Reclamation, Mining and Safety, (DRMS) has been <br />concerned that we have shown areas designated as irrigated pasture in the past that do <br />not have the amount of water to sustain this level of irrigation after bond release. With <br />the understanding that the 44 shares of water associated with your property being used <br />on land east of 2700 Road, there was no water available to irrigate the property west of <br />2700 Road. Therefore, since DBMS will not allow Western Fuels to reclaim land to an <br />irrigated land use without sufficient water attached to the property, the portion of your <br />land west of 2700 Road was designated Dryland Pasture for reclamation. Please <br />understand that this decision was based on the post mine land use requirements that the <br />• <br />