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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 />FA: (303) 832-8106 <br />COLORADO <br />D I I S ION o f <br />RECLAMATION <br />MINING <br />SAFETY <br />p B i I I Ritter, Jr. <br />DRMS INTERNAL MEMORANDUM Govemor <br />James B. Martin <br />Executive Director <br />DATE: May 21, 2010 <br />TO: Marcia Tahiti <br />FROM: Dan Mathews <br />RE: New Horizon Mine (Permit No. -1981 -008) <br />SL-12 Bond Release Application <br />In the L -12 application, western Fuels - Colorado (WFQ has requested Phase Il bond release for <br />approximately 26.8 acres and Phase III bond release for approximately 150 acres at the New Horizon <br />Mine. I have reviewed the application sections applicable to soil replacement and revegetation success <br />demonstration, and 1 have several comments on the application, set forth below. One question I have <br />that does not seem to be addressed in the submittal, is whether the Phase 3 release areas have <br />previously been approved for Phase 2 release. I assume this is the case, but I wanted to verify that with <br />you. Let me know if you have questions. <br />Lewi l i and Associates prepared the SL -12 application. Bio -Logic Inc. conducted the vegetation sampling <br />and provided their results in two reports. The Phase 11 vegetation sampling for Irrigated Pasture is <br />presented in a report dated September 30, 2008. The Phase 111 vegetation sampling results are <br />presented in a report dated December 12, 2008. There is no overlap between the Phase II and Phase III <br />areas. I have reviewed both of the Bio -Logic Inc. reports. <br />Phase II Bond Release <br />WFC has requested Phase 11 release for 26.8 acres of irrigated pasture that were initially revegetated in <br />2000. The Division allows for Phase 11 bond release upon demonstration of successful vegetation cover <br />establishment (of species supportive of the postrnining rand use), soil replacement in conformance with <br />permit requirements, and demonstration that suspended solids contribution is not in eves of <br />applicable criteria. Regulatory criteria are specified in Rule 3.03.1(2) (b) and 3.03.1 (3)(b. Additional <br />information to be provided in a Phase 11 bond release application is addressed in the Division's Guideline <br />Regarding Selected Fool Mine Bond Release Issues. <br />Based on review of the relevant sections of the SL -12 application, and in consideration of applicable <br />regulatory requirements and guideline criteria, we have identified a number of concerns, as listed <br />below. <br />1. There are discrepancies between the narrative in the L -12 application and the information <br />presented in the Bio -Logic Reports. On page 11 of the application, WFC states that the <br />September 30, 2008 Phase 2 vegetation report prepared by 13110-Logic, Inc., included in Appendix <br />Office of Office of <br />Mined Land Reclamation tion Denver s Grand Junction • Durango Active and Inactive Mines <br />