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5 May 2010 <br />VkOprn Fuels- tdi hruio <br />PQ N Q2l <br />Mr. & Mrs. Bud Benson <br />"GL(k'(okluo8NN <br />HC Box 942 <br />Sonoita, AZ 33637 <br />R 417x4.7 i n8 <br />RE: New Horizon Mule - Permit Revision 06 Concerns <br />Dear Mr. Benson: <br />1 of20 <br />We received a copy of your concerns regarding the Permit Revision riled with the <br />Colorado Division of Reclamation, Muting, and Safety (DBMS) for the New Horizon #2 <br />Mine in Nucla. CO. It is our goal in this letter to answer the questions you posed <br />regarding changes to post -mine land use at New Horizon, and respond to your concerns <br />as well. Please read over this letter and let us know if you have any further questions or <br />conunents. You have always been a fair and reasonable person and we hope that these <br />responses address your concerts. <br />Original Proposal in Permit Revision 06 <br />The State agency, the Division of Reclamation, Miting and Safety, (DRMS) has been <br />concerned that we have shown areas designated as irrigated pasture in the past that do <br />not have the amount of water to sustain this level of irrigation after bond release. With <br />the understanding that the 44 shares of water associated with your property being used <br />on land east of 2700 Road, there was no water available to irrigate the property west of <br />2700 Road. Therefore, since DRMS will not allow Western Fuels to reclaim land to an <br />irrigated land use without sufficient water attached to the property, the portion of your <br />land west of 2700 Road was designated Dryland Pasture for reclamation. Please <br />understand that this decision was based on the post mine land use requirements that the <br />