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C-1981-008 - SL-12 <br />Adequacy Review No. 4 <br />5 May 2011 <br />Page 2 of 10 <br />and inaccuracies. Please update the application to include/correct the following items (each of which the <br />Division should have required, prior to calling the application complete): <br />a) Date of Request: (no date is shown, although the cover letter is dated August 7, 2009). This item was <br />resolved with the Aug. 2010 submittal. <br />b) Date Permit was Issued: change "1981" to "May 26, 1983". The date was changed with the Aug. 2010 <br />submittal. Item resolved. <br />c) Mine Name: New Horizon Mine (delete "#2"). (Item resolved with Aug. 2010 submittal.) <br />d) Phase of Bond Release Requested: this description is incomplete - please revise. The description was <br />revised with the Aug. 2010 submittal. Item resolved. <br />e) Bond Company: please change to "Self-Bond". Item resolved with Aug. 2010 submittal. <br />f) Bond Number: please change to "SB-003". Item resolved with Aug. 2010 submittal. <br />g) Current Total Amount of Bond: please change to $5,042,302.00. Item resolved with Aug. 2010 <br />submittal. <br />h) Original total amount of bond (for area requested for release): please provide your best estimate of this <br />number. Item resolved with Aug. 2010 submittal. <br />i) Dates reclamation work performed: there should be greater detail provided for this item, including <br />years of final grading, topsoiling, and initial seeding. This information, available from the various <br />Annual Reclamation Reports and previous bond release applications, should also be delineated on the <br />maps. Please revise the text, tables and maps to incorporate appropriate reclamation details rather than <br />general statements. <br />This topic is discussed in greater detail in items 5 and 9, below. <br />j) In accordance with the requirements of Section 3.03.2(1), notice of the application must also be <br />provided to adjoining landowners of the Phase II and Phase III release areas and to sewage and water <br />treatment authorities; water conservancy and water conservation districts. <br />WFC's Aug. 2010 response replaced Appendix A - Notification Letters in its entirety. Added to the <br />Appendix were a series of letters dated June 10, 2010 and addressed to adjoining landowners, the Nucla <br />Sanitation District, and the NRCS, as requested in the Division's May 26, 2010 adequacy review. <br />However, the Aug. 2010 version mistakenly included a series of letters to landowners dated Aug. 18, <br />2009. These letters, submitted with the original application, were replaced with letters dated Aug. 31, <br />2009 prior to the application's being called Complete. Please restore the Aug. 31, 2009 letters to <br />Appendix A and remove those dated Aug. 18, 2009. Please provide a summary table for Appendix A <br />which lists the contact information for each person and/or entity that received notice of the SL-12 <br />bond release application, differentiating between landowners, adjoining landowners, and others. <br />Phase H Bond Release Request <br />WFC has requested Phase II release for 26.8 acres of Irrigated Pasture located east of 2700 Road, as illustrated on <br />Map R-1. Area 1 includes 16.38 acres on the Benson parcel located north of BB Road. Area 2 covers 10.42 acres <br />on property owned by WFC, located south of BB Road. Based on review of the relevant sections of the SL-12 <br />application, and in consideration of applicable regulatory requirements and guideline criteria, the Division <br />identified a number of concerns, as listed below. <br />2. There are discrepancies between the narrative in the SL-12 application and the information presented in the <br />Bio-Logic Reports. On page 11 of the application, WFC states that the September 30, 2008 Phase 2 <br />vegetation report prepared by BIO-Logic, Inc., included in Appendix B, demonstrates that "...both the