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Additional findings/observations during the inspection relative to the six regulatory criteria used <br />to determine contemporaneous reclamation included: the spoil side of the active pit contains less <br />than one spoil row; there is no variance approved in the permit for the 180 day pit backfilling <br />requirement and the permittee meets or exceeds this criteria; current area ahead of the pit <br />disturbed for topsoil removal is approximately 13 acres (240' to 250' ahead X 2400' pit lenght ) <br />and the worst case bonding assumptions allow 500' ahead of the pit to be disturbed or <br />approximately 26 acres (the permittee is in yeaz 5 of the approved permit and currently applying <br />for permit renewal ); and finally as mentioned above, the permittee is fully reclaiming each years <br />maximum annual disturbance (including seeding if the topsoil replacement is completed in time to <br />allow seeding before the end of the preferred fall seeding season as required by the Colorado <br />Regulatory Program) with the exception, as noted above, of area for haulroad and pit access on <br />the spoil side of the active pit. This concludes the inspection findings. <br />Based on the documented findings/observations above the Office of Surface Mining (OSM ), <br />Denver Field Division (DFD) finds the New Horizon No. 2 Mme to be in compliance with the <br />evaluation criteria noted above to determine contemporaneous reclamation. <br />Please address any questions concerning this report to Henry Austin at (303) 844-1466. <br />