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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 />15 September 2010 <br />COLORADO <br />D I V I$ I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />James B. Martin <br />Executive Director <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 />Temporary Seeding for Fall 2010 <br />Dear Mr. Gubka: <br />Loretta E. Piiteda <br />Director <br />You contacted me earlier this week to make an inquiry regarding what, if any, temporary seeding <br />would be allowed for topsoiled areas located west of 2700 Road, specifically the Lloyd and <br />Morgan properties. As you are aware, WFC has agreed, with letters dated June 18, June 28, <br />August 13, and August 31, 2010, to limit activities such as redistribution of topsoil and <br />reclamation seeding for prime farmlands (i.e. Morgan property), pending final approval of <br />Permit Revision No. 6. <br />The Division understands and supports WFC's desire to seed topsoil already distributed with a <br />temporary seed mix in order to protect the resource from erosion and limit the potential for <br />weedy species to become established. Temporary seeding operations are necessary for soil <br />stabilization and are not considered to be in conflict with the limitations WFC has agreed to in <br />the afore - mentioned letters. <br />The permit currently provides two options for temporary seeding; these are found in Section <br />2.05.4(2)(e) - Revegetation. Seed Mix #2 consists of annual Barley, Winter Wheat, or Oats, and <br />is designed for temporary reclamation, where vegetative cover is desired for less than one full <br />year, and the reclaimed land awaits permanent seeding. Winter wheat would be the appropriate <br />choice for seeding at this season. For temporary reclamation that will remain as such for longer <br />than one year, use of Seed Mix #3 is appropriate. This mix includes five perennial grasses, and <br />makes allowances for site variations depending on conditions. Permit details for the two seed <br />mixes are provided on the attached pages. <br />During a telephone conference today, you and I discussed (with input from Dan Mathews of the <br />DRMS) the appropriate temporary seeding efforts to be undertaken during this coming fall <br />season. WFC plans to seed the Lloyd parcel with a combination of Irrigated Pasture and Dryland <br />Pasture permanent mixes in 2011. For this property, Temporary Seed Mix #2 would be <br />appropriate to use. You asked whether it would be acceptable to use Quickguard (a sterile <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />