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7. Second Park Lateral Ditch WF-C proposes to redirect the irrigation canal through a pipe during <br />the mining operation that will impact the ditch. Please assure that there will be no interruption <br />in the delivery of irrigation water to the downstream uses. (Rule 2.05.6(3) and Rule 2.04.7(3)) <br />8. In PAP section 2.05.4(2)(d) page 13 contains the statement, "The actual amount of topsoil <br />salvage has been less than the amount estimated in the soil survey." Please explain why this has <br />been the case in the New Horizon No. 2 Mine. Is this due to poor salvage technique, poor soil <br />resource evaluation, poor topsoil storage methods, or some other explanation? The Division is <br />concerned that WF-C cannot explain topsoil volume shortfall. Please provide and explanation of <br />this statement and how WF-C plans to rectify this problem. <br />9. In PAP section 2.05.4(2) (d) pages 14 and 15, WF-C states that they will replace topsoil on the <br />contour except on "steep" slopes. Please provide a definition of what WF-C defines as "steep" <br />slopes. <br />10. Post-mining contour map 2.05.4-1 shows the proposed final contours. This map shows the <br />Overburden Boxcut Stockpile, the topsoil stockpile, and sediment ponds NHN-001, NHN-002, <br />and NHN-003 remaining as permanent features. This final configuration is not in agreement <br />with Section 34-33-120(2)(c) and Rule 4.14(2)(a) and (d), and 4.14.2(1). Please provide a map <br />that shows the final post-mining contours of the facilities area including the Boxcut spoil <br />stockpile and the topsoil stockpile. If the ponds are to remain as permanent features, please <br />assure that the appropriate demonstrations required by Rule 4.05.9(13) have been provided. <br />The post-mining contours on map 2.05.4-1 show smooth straight slopes in the Garvey, Meehan <br />and Glasier properties. This map does not show where drainage ways will be reestablished. The <br />Division has 30+ years of experience with observing reclaimed slopes and has noted that smooth <br />straight slopes exhibit more erosion and gullying that reclaimed slopes with undulations and <br />slope variations. Please submit post-mining contours that have contours that more closely <br />resemble the approximate original contours, 4.14.2(1). <br />11. Rule 4.16.1(1) requires that "all areas affected by surface coal mining operations shall be <br />restored in a timely manner to conditions that are capable of supporting the uses which they <br />were capable of supporting before any mining; or (2) to higher or better uses achievable under <br />criteria and procedures of 4.16. <br />Please provide an account of how changing the post-mining land use from irrigated pasture to <br />dryland pasture meets the requirement of Rule 4.16. Please provide an explanation of how <br />mixing topsoil and subsoil together complies with section 34-33-120(2)(e) of the Act. <br />During a meeting on February 15, 2008, between Division personnel, WF-C personnel, WF-C <br />consultant, and local NRCS representatives regarding a neighboring mine to the proposed HNH <br />mine, an approach was discussed for lands that may have been irrigated prior to mining, but for <br />which water rights are not available or are insufficient, would be to restore lands to an <br />"improved/irrigable" status. The concept is these lands would be seeded to dryland species and <br />subject to dryland pasture success criteria, but grading, soil handling, and provision of irrigation <br />infrastructure would be specified, such that the post-mine owner could apply some level of <br />irrigation management with whatever water is available, following bond release. A soil handling <br />2