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New Horizon Mine <br />TR-58 2nd Adequacy Review <br />February 25, 2009 <br />Page 6 of 7 <br />20) The report states that the portions of NH-2 reclaimed lands eligible for Phase 2 are shown <br />on Figure 1. Figure 1 shows the 2007 vegetation sampling areas for Phase 2 and Phase 3. <br />Comparing Map R-2 of the bond release application to Figure 1 from the Vegetation <br />report, it appears all areas sampled are eligible for Phase 2. Please confirm or clarify. <br />Map R-2 is the correct map and all Phase II areas identified on this map are being <br />requested for Phase II release. No further action necessary. <br />21) WFC does not have approval for the Irrigated Pasture reference area that WFC is using as <br />the revegetation standard in this application. The approved standard currently in the <br />permit is a technical standard of 71.8%. The application must be revised to demonstrate <br />success using a comparison of the vegetative cover data from the Irrigated Pasture <br />reclaimed parcels to the approved technical standard of 71.8%. The reclaimed irrigated <br />pasture parcels must be at least 90% of the standard (64.6%) to demonstrate success. <br />As stated in the response to number 19. above, the added page 14 does not <br />adequately address the approved technical standard that applies to the irrigated <br />pastureland. Please revise the narrative on page 14. <br />Appendix C - Maps <br />22) On Map R-2, a strip of ground along the southern side of the Staats parcel is included in <br />Phase 2 Area 8. The Phase 2 table on page 11 of the application describes Area 8 as only <br />"5th Avenue". Please update Map R-2 and/or the Phase 2 table to be consistent with one <br />another. <br />5th Avenue (5th Road) will not be included in SL-11, and has been removed from <br />Map R-2. No further action necessary. <br />23) Map R-1 gives the post-mining contours for Phase 1 release, but the data does not appear <br />to represent the reconstructed BB Road east of 2700 Road. Please modify the contours, <br />as necessary, to reflect the current topography of all roadways that have been <br />reconstructed within the permit boundary. <br />Western Fuels indicates that the contours present on the map are correct for the <br />reclaimed roads. The Division believes that while the road surface may be <br />represented, the side slopes and any roadside ditches are not featured on the <br />contour map. Increased detail will not be required at this time, but should be <br />provided with any upcoming county road bond release application. No further <br />action necessary.