2011-03-17_REVISION - C1981008 ‎(2)‎

• Permit No: C1981008
• IBM Index Class Name: REVISION
• Doc Date: 3/17/2011
• Doc Name: Response to 2nd Adequacy Review
• From: Greg Lewicki and Associates, PLLC
• To: DRMS
• Type & Sequence: SL12
• Email Name: MLT
• Email Name: SB1
• Media Type: D
• Archive: No

Greg Lewicki And Associates, PLLC
11541 Warrington Court
Parker, CO USA 80138
March 15, 2011
Marcia Talvitie
Phone: [phone] Fax (303
E-Mail: [e-mail]
Colorado Division of Reclamation, Mining and Safety
691 CR 233, Suite A-2
Durango, CO 81301
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RE : SL-12 Phase 2 and Phase 3 Bond Release at the New Horizon #2 Mine of Western
Fuels-Colorado C-81-008
Dear Marcia:
After reviewing the second Division of Reclamation, Mining, and Safety adequacy review of
SL-12: Partial Phase 2 and 3 Performance Bond Release for the New Horizon Mine, WFC has
prepared a response to each of the outstanding items:
3. c) The May 26, 2010 DRMS letter specifically asked that a narrative statement be included
that "confirms that the vegetation established on the reclaimed area supports the approved
land use."
The Division was unable to locate a discussion or statement of how the reclaimed area
supports the post-mining land use in the August 30, 2010 submittal. The Division
requires a discussion of how the reclaimed area supports the post-mining land uses of
Dryland Pasture and Irrigated Pasture. Have the reclaimed areas been cut for hay? have
the pastures been grazed by domestic animals? If they have been managed appropriately
for the post-mining land use, the operator needs to describe when grazing occurred and
what the stocking rate was. (3.03.1(2)(b) and Rule 3.03.2(1)(e))
Narrative has been added to page 14 of the bond release application affirming that the
vegetation established on the reclaimed area supports the approved post-mine land use of
Irrigated Pasture for the Phase 2 areas.
5. The Division's May 26, 2010 letter specifically asked, "Please provide a narrative
summary with the reclamation and management history of the parcels included in the
phase II release request."
There is no discussion regarding irrigation of the Irrigated Pasture. How often was it
irrigated? How was it irrigated, flood irrigation, side roll, etc.? Was the pasture cut? Was
the hay removed? Was the pasture grazed? If it was grazed, what were the stocking rates?