2008-10-10_REVISION - C1981008 (2)

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New Horizon Mine TR-58 Adequacy Review 10-Oct-2008 Page 3 of 5 engineering design plans utilized in the reconstruction of 2700 Road and BB Road, along with evidence that the Montrose County Engineer approved the plans. 14) The Phase 2 Mine Area table on page 10 also includes an entry for Area 8, or 5th Road, and comments, "Road in final contour and condition according to permit." As in item 13), above, please elaborate on to what `permit" this comment refers. Section 2.05.3(3)-8 of the PAP includes a 1988 agreement between Peabody and Montrose County regarding 5th Road, but Exhibit A of this agreement describes a portion of 5th Road beginning at the west side of Section 6 (i.e. 2700 Road) and extending 3100 feet easterly. This description does not correlate entirely with the segment highlighted on Map R-2. Please provide the Division with any updated agreements established between WFC and Montrose County which describe the County's expectations for the construction of Sth Road. Environmental Issues 15) 3. Structures Left - The application states that all roads have been constructed according to Montrose County specifications. Please provide written documentation from Montrose County which confirms the County's agreement with this statement. 16) 5. Final Topography and Drainage Patterns - The topographic high point that existed in the northeastern corner of Phase 1 Area 1 prior to mining has not been reconstructed; the post-mining elevations are lower by 10 to 25 feet. With the exception of pre-mining surface drainage channels, which were not replaced, the remainder of Area 1 is approximately 5 feet higher in elevation than what existed prior to mining. Phase 1 Area 2 reclaimed elevations are 0 to 15 feet lower than those that existed prior to mining. While the shape of the post-mining surface now exhibits less variability than did the original terrain, the overall direction of surface runoff has not been substantially altered by the mining and reclamation processes. Appendix A - Notification Letters 17) Page 12 of the application makes the following statement: "Appendix A contains copies of the notice to surface owners, mineral owners, Town of Nucla, Montrose County Planning Department, County Commissioners and others." Appendix A, as received by the Division, includes only letters mailed to Moore, Richards, Benson, Goforth, Burbridge, Staats, and San Miguel Power. Please provide the Division with copies of the letters mailed to other parties, as required by Rule No. 3.03.2(1).