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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />18 November 2008 <br />Ross L. Gubka, P.E. <br />Western Fuels - Colorado <br />P.O. Box 628 <br />Nucla, Colorado 81424 <br />Re: Permit No. C-1981-008 - New Horizon Mine <br />TR-57 - Soil-Resource Info, Soil Handling, and Prime Farmland <br />Third Adequacy Review <br />Dear Mr. Gubka: <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />- ?t- <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Western Fuels-Colorado (WFC) submitted its application for TR-57 to Permit No. C-1981- <br />008 on 09-Apr-2008. On the 15th of May, the Division issued a Preliminary Adequacy <br />Review (PAR) of WFC's TR-57 application. The PAR included a list of 39 separate <br />comments, requesting additional information. In response to the PAR, WFC submitted a <br />second complete application package. This package, which included revised maps and <br />revised sections of text, was received by the Division on 04-Aug-2008. The Division's 2nd <br />Adequacy Review was transmitted to WFC on October 21St <br />The Division received WFC's response to the 2ttd Adequacy Review on November 10th. As <br />requested, the pages submitted were limited to the specific page numbers, tables, <br />attachments, and text sections affected. This greatly aided the Division's review. <br />The Division noted that there were certain amendments to the November version of the <br />submittal that were not directly in response to Division concerns and were not addressed in <br />the cover letter. For example, the subsoil suitability level for conductivity was changed from <br />4.0 to 6.0, with apparent justification based on NRCS correspondence, a new sub-section <br />"Stripping Saturated Topsoil" was added, and there were various organizational changes to <br />the text. <br />Items to be addressed in the response (numbered as in the Division's original PAR) were 28, <br />30, 34 and 39. These four items are individually addressed below. All items have been <br />satisfactorily resolved, with the exception of 30 and 34. Please note that a new Item 40 <br />has been added to the list. <br />28. The Division requested additional clarification regarding winter topsoil stripping on <br />amended page (d)-22, to clarify that topsoil stripping would not be conducted if soils <br />are frozen to the extent that soil physical characteristics are negatively impacted pr <br />proper lift separation and salvage are compromised. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction Durango Active and Inactive Mines