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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 />25 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 />Fourth Adequacy Review <br />Dear Mr. Gubka: <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <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 />The Division has reviewed WPC's response submittal dated November 19, 2008, which <br />addressed remaining adequacy items 30, 34, and 40, of our November 18, 2008 review letter. <br />Comments regarding the outstanding concerns are listed below. <br />30. The Division noted inaccuracies in the topsoil volume sub-totals and total on <br />amended Table 2.05.4(2)(d)-2, and requested that the subject table be corrected, along <br />with any related errors. A properly amended Table ... (d)-2 was submitted. In <br />addition, a couple inconsequential volume errors were corrected on Table ...(d)-6. <br />Item Resolved. <br />34. The Division noted a typographical error regarding a table reference and noted that an <br />incomplete soil analytical report had been submitted for inclusion in <br />Attachment ...(d)-1. As a result, the operator's contention that acceptable saturated <br />paste conductivity levels had been documented in the immediate vicinity of Sample <br />Site #32, could not be verified. <br />In the most recent response, a new page ...(d)-35 was submitted with the <br />typographical error corrected. More substantively, the full soils analytical report <br />containing the results of remedial subsoil testing was provided. The report does <br />demonstrate that saturated paste conductivity levels in locations immediately adjacent <br />to Sample Site #32 (and Sample Site #21) were 4.0 mmhos/cm or less. The <br />conclusion would be that the area of elevated conductivity (salinity) is small and <br />isolated, any impact to crop productivity would likely be insignificant, and as such, <br />no further remedial action would be warranted. Item Resolved. <br />40. The Division had noted that certain changes had been made in the topsoil <br />redistribution section, and requested a. summary description of any changes (and <br />justification for same) made subsequent to the July version of the Soil Resource or <br />Office of Off ice of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines