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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 />s r • <br />MINING <br />SAFETY <br />8 February 2011 <br />John W. Hickenlooper <br />Governor <br />Ben Langenfeld, E.I.T. <br />Mike King <br />Greg Lewicki and Associates <br />Executive Director <br />11541 Warrington <br />ton Court <br />Loretta E. Pineda <br />Director <br />Parker, Colorado 80138 <br />Re: New Horizon Mine — Permit No. C -1981 -008 <br />Minor Revision No. 79 (MR -79) Mitigation of Differential Settling — W of 2700 Road <br />Preliminary Adequacy Review <br />Dear Mr. Langenfeld: <br />The Division received your application, on behalf of Western Fuels — Colorado, LLC, for MR -79 <br />on 5- Jan - 2011„ and determined it to be complete for purposes of filing on 28- Jan -2011. The <br />application was submitted in response to the Division's 8- Dec -2010 Midterm Permit Review <br />Adequacy Question No. 1, which consisted of the following: <br />Areas east of 2700 Road that have been previously reclaimed to Irrigated Pasture post - <br />mining land use have been observed to exhibit some localized settling with the passage of <br />time, creating minor depressions on the ground surface. Please provide a description of <br />the mitigative methods proposed by WFC to address any localized settling that may occur <br />on reclaimed lands west of 2700 Road during the liability period. <br />The MR -79 application proposes the addition of a new Subsection 13.4 to Section 2.05.4(2)(d) of <br />the permit. Separate methods of mitigation have been proposed for Reclaimed Irrigated Pasture <br />(IP) and Reclaimed Irrigated Cropland (IC) lands. The Division has reviewed the text provided, <br />and makes the following adequacy comments. <br />1. Subsection 13.4 has been titled, "Potential Field Subsidence Management Plan," and the term <br />"subsidence" is also used within the proposed text. In coal mining regulations, "subsidence" <br />is typically associated with surface effects resulting from underground mining. The Division <br />suggests that "differential settling" is a more accurate description of the features that <br />sometimes appear on irrigated lands. Please revise the terminology used in subsection 13.4 <br />to refer to differential settling rather than subsidence. <br />2. In the first sentence of the IP section, please insert the words "a layer of ' prior to the words <br />"Bench I ". <br />Office of Office of <br />Mined land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />