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635 E. Main St., Suite 100 <br />Montrose, CO 81401 <br />Dan Matthews, Environmental Protection <br />Specialist <br />Colorado Division of Reclamation, Mining <br />and Safety <br />101 S. 3rd St., Suite 301 <br />Grand Junction, CO 81501 <br />www.bio-geo.com <br />Ph: 970.240.4374 Fax: 970.252.1969 <br />sboyle@bio-geo.com <br />October 30, 2008 <br />RE: Clarification of acreage, Western Fuels-Colorado, LLC New horizon Mine, Irrigated <br />pasture and Dryland Pasture Reclaimed Areas measured for 2007 Phase 2 bond <br />release <br />Dear Mr. Mathews: <br />In 2007 BIO-Logic, Inc. (BIO-Logic) measured vegetation characteristics at the above- <br />referenced coal mine site. We measured vegetation cover at Irrigated Pasture <br />reclaimed areas and Dryland pasture reclaimed areas for purposes of Phase 2 bond <br />release. In our report, 2007 Vegetation Sampling for Phase 2 Bond Release, Irrigated <br />Pasture and Dryland Pasture, dated November 12, 2007, we stated the acreages of the <br />study sites as Irrigated Pasture-approximately 240 acres, and Dryland Pasture- <br />approximately 59.9 acres. <br />Staff at Lewicki and Associates recently let me know that CDRMS commented on their <br />Phase 2 bond release application, and asked for clarification of a discrepancy between <br />these acreages and the acreages claimed in the application of Irrigated Pasture-241.5 <br />acres and Dryland Pasture-62 acres. The discrepancies arose because in 2007 we <br />received paper maps showing the study area boundaries. We then hand-digitized our <br />own study area boundaries in GIS to create the data needed to conduct the fieldwork. <br />Minor discrepancies in boundary locations and total acreage were thereby introduced. <br />The areas we measured in 2007 for Phase 2 bond release were essentially correct with <br />respect to what is presented in the Phase 2 bond release application, and the minor <br />discrepancies in acreage totals do not affect the validity of the vegetation <br />measurements. Please contact me if you have any further questions. <br />Sincerely, <br />Steve Boyle <br />Principal &Senior Scientist