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New Horizon Mine <br />TR-58 2nd Adequacy Review <br />February 25, 2009 <br />Page 4 of 7 <br />14) The Phase 2 Mine Area table on page 10 also includes an entry for Area 8, or 5th Road, <br />and comments, "Road in final contour and condition according to permit." As in item <br />13), above, please elaborate on to what `permit" this comment refers. Section 2.05.3(3)- <br />8 of the PAP includes a 1988 agreement between Peabody and Montrose County <br />regarding 5th Road, but Exhibit A of this agreement describes a portion of 5th Road <br />beginning at the west side of Section 6 (i.e. at 2700 Road) and extending 3100 feet <br />easterly. This description does not correlate entirely with the segment highlighted on <br />Map R-2. Please provide the Division with any updated agreements established between <br />WFC and Montrose County which describe the County's expectations for the <br />construction of 5th Road. <br />The county roads will not be included in SL-11 (refer to comment 2, above). No <br />further action necessary. <br />Environmental Issues <br />15) 3. Structures Left - The application states that all roads have been constructed according <br />to Montrose County specifications. Please provide written documentation from <br />Montrose County which confirms the County's agreement with this statement. <br />The county roads will not be included in SL-11 (refer to comment 2, above). No <br />further action necessary. <br />16) 5. Final Topography and Drainage Patterns - The topographic high point that existed in <br />the northeastern corner of Phase 1 Area 1 prior to mining has not been reconstructed; the <br />post-mining elevations are lower by 10 to 25 feet. With the exception of pre-mining <br />surface drainage channels, which were not replaced, the remainder of Area 1 is <br />approximately 5 feet higher in elevation than what existed prior to mining. Phase 1 Area <br />2 reclaimed elevations are 0 to 15 feet lower than those that existed prior to mining. <br />While the shape of the post-mining surface now exhibits less variability than did the <br />original terrain, the overall direction of surface runoff has not been substantially altered <br />by the mining and reclamation processes. No action necessary. <br />Appendix A - Notification Letters <br />17) Page 12 of the application makes the following statement: "Appendix A contains copies <br />of the notice to surface owners, mineral owners, Town of Nucla, Montrose County <br />Planning Department, County Commissioners and others." Appendix A, as received by <br />the Division, includes only letters mailed to Moore, Richards, Benson, Goforth, <br />Burbridge, Staats, and San Miguel Power. Please provide the Division with copies of the <br />letters mailed to other parties, as required by Rule No. 3.03.2(1). <br />These letters were not included with the adequacy response. Please provide the <br />letters requested above.