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New Horizon Mine <br />TR-58 2nd Adequacy Review <br />February 25, 2009 <br />Page 5 of 7 <br />Appendix B - Vegetation Studies for 2007 <br />18) WFC is requesting 310.4 acres for Phase 2 bond release. Several acreage discrepancies <br />are noted in the application. Please identify and clarify the acreages that are being <br />requested. <br />The Study areas identified in Section 2.1 of the report include 240 acres of reclaimed <br />irrigated pasture. Map R-2 shows 241.5 acres for Irrigated Pasture, as listed below: <br />Area 1 5.4 <br />Area 2 196.1 <br />Area 5 26.8 <br />Area 6 13.2 <br />The Study areas identified in Section 2.1 of the report include 59.4 acres reclaimed <br />dryland pasture. Map R-2 shows 62 acres as follows: <br />Area 3 23.8 <br />Area 4 38.2 <br />No acreage was provided for the roads. Please incorporate the correct acreages into the <br />application. <br />The operator has requested that we rely on the acreage presented in the application <br />tables. In the future, it would be helpful if acreages were consistent throughout the <br />application. No further action necessary. <br />19) Western Fuels Colorado, LLC (WFC) submitted a report dated November 12, 2007 <br />entitled, "2007 Vegetation Sampling for Phase 2 Bond Release: Irrigated Pasture and <br />Dryland Pasture". The summary provided on page 3 says that WFC is seeking a Phase 2 <br />and Phase 3 bond release which is what the report discusses. A summary of the Phase 2 <br />criteria and results is needed in the main body of the bond release application. For <br />Phase 2 bond release only the cover standard applies and it must meet an approved <br />standard. (See comment below on standard.) <br />The added Section, on page 14, Phase HRelease Criteria and Results, is very general <br />and does not describe what standard is being used for either the irrigated pasture or <br />the dryland pasture. The narrative on page 14 refers to the Bio-Logic Report in <br />Appendix B. However, the Bio-Logic report uses an unapproved reference area <br />standard for comparison of the reclaimed irrigated pasture. The correct standard is <br />the technical standard currently approved in the permit. Please revise the narrative <br />on page 14 describing the approved revegetation success standard for the irrigated <br />pasture (the 72.8% technical standard) and for the dryland pasture (the reference <br />area). The correct standard must document that revegetation is successful and <br />support any statistical values presented.