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C- 2010 -089 PAR Part 2 5- Jan -2011 <br />New Horizon North Mine Page 12 of 13 <br />1. The application makes reference to an Alluvial Valley Floor study conducted by Peabody <br />Coal Company for the Nucla Mine. The study, done around 1980, has not been provided by <br />the applicant, and attempts by the Division to locate the study have been so far unsuccessful. <br />Please provide an Alluvial Valley Floor Determination, in accordance with the requirements <br />of 2.06.8(3), for the NHN Mine permit application. <br />2.07 — PUBLIC PARTICIPATION AND APPROVAL OF PERMIT APPLICATIONS <br />2.07.3(2)(e) - As described in the Public Notice, WFC does propose to conduct topsoil stripping <br />and haul road and pond construction with 100 feet of the outside right -of -way of public roads. <br />However, no overburden removal or coal extraction will occur within 100 feet of the outside <br />right -of -way of public roads. The Public Notice did include a statement indicating that a public <br />hearing, for the purpose of determining whether the interests of the public and affected <br />landowners will be protected may be requested by contacting the Division..." No requests for a <br />public hearing were received by the Division during the public comment period that ended on <br />December 20, 2010. <br />2.07.3(3) — The Division issued written notification of the NHN Mine application to the <br />following agencies: <br />• Office of Surface Mining — Western Regional Coordinating Center (Denver) <br />• Natural Resources Conservation Service — Delta Field Office (Delta) <br />• U.S. Army Corps of Engineers Colorado /Gunnison Basin Office (Grand Junction) <br />• U.S. Fish and Wildlife Service (Grand Junction) <br />• Colorado Department of Public Health and Environment — Sir Pollution Control Division <br />(Denver) <br />• Colorado Department of Public Health and Environment — Water Quality Control <br />Division (Denver) <br />• Colorado Division. of Water Resources - State Engineer (Denver) <br />• Colorado Division of Wildlife — SW Regional Service Center (Durango) <br />• Colorado Historical Society - Office of Archeology and Historical Preservation (Denver) <br />• Montrose County — Commissioners and Planning <br />Responses were received by the Division from the Division of Water Resources, the Colorado <br />Historical Society, and Montrose County. These responses have been previously transmitted to <br />WFC. The Division will be contacting the Division of Wildlife to ascertain their concurrence <br />with the information presented by WFC in sections 2.04.11 and 2.05.6 of the PAP. <br />2.10 — MAPS AND PLANS <br />2.10.2 Permit and Adjacent Areas <br />A question related to the requirements of 2.10.2 was included in Section 2.04.3 of the <br />Division's PAR Part 1. <br />