2011-05-05_REVISION - C1981008

• Permit No: C1981008
• IBM Index Class Name: REVISION
• Doc Date: 5/5/2011
• Doc Name: Adequacy Review No. 4 Letter
• From: DRMS
• To: Western Fuels-Colorado
• Type & Sequence: SL12
• Email Name: MLT
• Email Name: SB1
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
5 May 2011
Ross L. Gubka, P.E.
Western Fuels-Colorado
P.O. Box 628
Nucla, CO 81424
Re: New Horizon Mine - Permit No. C-1981-008
SL-12 - Partial Phase H and Phase HI Performance Bond Release
Adequacy Review No. 4
Dear Mr. Gubka:
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
With this letter, the Division has compiled adequacy issues raised in previous reviews of the SL-12 application
into a single document. The majority of the issues raised previously have been successfully resolved; a few items
remain to be addressed. A new significant issue has been identified with the current review, namely the use of the
Irrigated Pasture reference area to evaluate revegetation success for the Phase III reclaimed areas. This item is
discussed in greater detail below.
SL-I2 Adequacy Review History
The Division issued a Preliminary Adequacy Review of the SL-12 bond release application on May 26, 2010.
The letter enumerated eleven items for which responses were required from Western Fuels (WFC). On June 2
and 4, 2010, the Division conducted a bond release inspection of the areas for which Phase II and Phase III
liability release had been requested. Documentation of the field inspection was provided in the Division's Coal
Inspection Report, issued on July 6, 2010.
On August 30, 2010, WFC submitted a response to the adequacy issues raised by the Division in its May 26, 2010
preliminary adequacy review. The response package included complete replacements for the application
narrative, Appendices A thru E, and Maps R-1 and R-2.
WFC submitted additional revised copies of Maps R-1 and R-2 on October 8, 2011.
On March 9, 2011, the Division issued Adequacy Review No. 2, which addressed issues related to revegetation.
W , in the form of a complete reprint of the application text. This response
FC submitted a response on March 17t"
satisfied the issues raised in the Division's March 9, 2011 letter.
On March 28, 2011, the Division issued Adequacy Review No. 3, which set forth five new items addressing the
subject of soil loss for Phase II bond release. WFC's response, an updated copy of the entire application text, was
received on March 31St. This response satisfied the issues raised in the Division's March 28, 2011 letter.
General Adequacy Comments
1. Part 1 of the Guideline provides a list of 18 General Requirements for inclusion in the Bond Release
Application. These items are addressed on beginning on Page 1 of the application, with several omissions
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