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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 C O L O RA D O <br />D I V I S I ON OF <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br />Date: 01 April 2009 -&- <br />SAFETY <br />To: New Horizon Mine - Permit No. C-1981-008 - File <br />1 Bill Ritter, Jr. <br />Governor <br />From: Marcia L. Talvitie, Lead Specialist <br />Harris D. Sherman <br />Executive Director <br />Subject: Conversations with Ross Gubka - Miscellaneous Permitting Topics Ronald W. Cattany <br />Division Director <br />Ross telephoned me on the morning of March 31St 2009 with some questions regarding upcoming apflJtJ1flgfA' J&ustee <br />the New Horizon Mine. <br />1. Reference Area and VeLyetation Data <br />Approval of TR-58 is pending, which will incorporate a reference area in lieu of a technical standard for <br />irrigated pasture (IP). Ross wishes to know if the vegetative cover data collected in years prior to the approval of <br />TR-58 can be used (e.g. can the reference area standard be applied retroactively)? I spoke with Dan Mathews, <br />and he confirmed that there is nothing in the regulations that would prohibit using the data collected in prior <br />years, as long as the reference area was sampled in a statistically meaningful way during those same years. In a <br />follow-up conversation with Ross today, I was told that data had, in fact, been collected on the reference area <br />beginning in 2007. Assuming everything is in order, there is nothing to prevent WFC from using data collected in <br />the preceding years in applying for Phase III bond release. <br />2. Collection of Reveeetation Success Data and Bond Release for "Perimeter" Areas <br />During the OSM oversight inspection in October 2008, Ross Gubka, Henry Austin and I had a discussion <br />regarding the bond release process for small areas that may be on the "fringe" of areas that have been seeded and <br />reclaimed, and are awaiting bond release. Specifically, the conversation involved the Burbridge property, which <br />has been reclaimed as IP, is currently under consideration for Phase H bond release, and is nearing the time for <br />final Phase III release. Across the southern end of the reclaimed area is a temporary diversion ditch that is part of <br />the temporary sediment control system for the mine. In October, the question arose as to whether the ditch is a <br />relatively small area, compared with the size of the reclaimed field; is it feasible to incorporate the ditch area into <br />the vegetation studies for the IP area, recognizing that the chance of a number of the requisite 30 randomly <br />selected data points falling within that area is small? <br />Rule 3.03.1(5) specifically addresses the release of bond coverage for liability associated with temporary <br />drainage and sediment control facilities. Approval of bond release for these areas "shall be granted based on <br />determination by the Division that backfilling and grading, topsoiling and reseeding of such facilities have been <br />completed... " In addition, "Vegetative cover must be adequate to control erosion and similar to the reclaimed <br />area... " Based on this, we determined that the most reasonable approach is for WFC to reclaim the ditch area <br />(once Phase II release has been granted for disturbed areas up-gradient from ditch and the ditch is no longer <br />necessary for sediment control). Final bond release may then occur under the same application for which Phase <br />III of the IP is granted (or separately, if that is the better option). <br />3. SL-11 Technical Standard for IP <br />Ross noticed a typographical error in the application for SL-11. The permit states that the technical <br />standard should be 71.8% for IP, but SL-11 mistakenly requires 72.8%. Ross will submit a revised page for <br />substitution into the SL-11 package. <br />xc ?So?d1f n/ 280-5 -?Yn vu- 0*t P t foss 646kre - ,Ales&L7) fir. /s <br />Office of Office of <br />Mined Land Reclamation Denver - Grand )unction - Durango Active and Inactive Mines