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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 />07 April 2009 <br />Ross Gubka, P.E. <br />Western Fuels - Colorado <br />P.O. Box 628 <br />Nucla, CO 81424 <br />Re: New Horizon Mine - Permit No. C-1981-008 <br />Technical Revision No. 58 (TR-58) - Irrigated Pasture Reference Area <br />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 the referenced revision application (the submittal package <br />dated 01 December 2008) and has the following adequacy comments. Over-all, the <br />application was well organized and addressed the major issues of concern. The <br />deficiencies are relatively minor and should be fairly simple to resolve. <br />Although the application was generally well organized, we did note the following <br />editing/formatting/organization type problems: <br />• In the revised table of contents for Section 2.05.4(2)(e), the section <br />immediately following Revegetation Success Criteria and Statistical <br />Procedures Irrigated Pasture, is Revegetation Monitoring All Areas, <br />which begins on page (e)-24 of the approved permit. This would imply <br />that the section titled Dryland Pasture Type, beginning near the bottom of <br />page (e)-21 of the approved permit is being deleted by the TR-58 <br />amendments. We do not believe this was intended, and the table of <br />contents should be properly amended to list the subject section and <br />relevant page. <br />• Page (e)-20 is "left blank so the page numbering will match with the <br />original after the insert." This organization would leave the currently <br />approved page (e)-21 intact and in place, which would seem to be <br />problematic. The narrative on most of approved page (e)-21 relates to <br />technical standards of success for Irrigated Pasture cover and production, <br />which would be out of sequence and out-dated, upon approval of TR-58. <br />It would appear that a replacement page (e)-21 is warranted, with the <br />revised page intentionally left blank down to the Dryland Pasture Type <br />section heading. <br />• There is a typo, numberic, in parentheses, following Irrigated Pasture <br />Success Standards, on the first page of the revised table of contents. <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines