2011-05-31_REVISION - C1981008

• Permit No: C1981008
• IBM Index Class Name: REVISION
• Doc Date: 5/31/2011
• Doc Name: Letter Regarding Bond Release
• From: DRMS
• To: Western Fuels Colorado, LLC
• Type & Sequence: SL12
• Email Name: SB1
• Email Name: MLT
• 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]
May 31, 2011
Mr. Ross Gubka
Chief Engineer
Western Fuels-Colorado, LLC
P.O. Box 628
Nucla, CO 81424
RE: New Horizon Mine, Permit No. C-1981-008
Bond Release Application No. 12 (SL-12)
Dear Mr. Lewicki:
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
The Division of Reclamation, Mining and Safety (Division) has received two letters from Greg Lewicki and
Associates, PLC (GLA) regarding the Phase II and III bond release request SL-12 at the New Horizon Mine.
The first letter is dated May 16, 2011. The second letter which included an amended bond release
application was dated May 20, 2011 and received by the Division on May 23, 2011.
The May 16, 2011 letter provided background on a Phase III bond release application at the Meeker
Mines. In this letter GLA explained that the Phase III revegetation success standards were revised after
the revegetation success sampling had been conducted in 1995 and 1996. It is the Division's position
that this happened over fifteen years ago and it does not serve as a general precedence that the Division
has followed. It is the Division's position that the revegetation success standards should be re-evaluated
during the reclamation liability period. If revegetation monitoring data suggest that the standard(s) are
not realistic, or no longer serve the post mining land use, a revision to the permit is to be submitted
prior to final revegetation success sampling. That way the sampling parameters, sampling techniques
and success standards are approved prior to the field sampling. Additionally if other data is needed,
such as management history, the appropriate data can be collected when the revegetation sampling
efforts are conducted.
As stated in the Division's May 16, 2011 letter, we will consider the reference area standard at the New
Horizon Mine because the sampling techniques did not change. During Western Fuels Colorado (WFC)
sampling efforts in 2007 and 2008, the sampling techniques were consistent between the reclaimed
area and the reference area as evidenced by Division staff when the sampling was conducted. The
Division will consider the Phase III irrigated pasture for final success if Western Fuels Colorado (WFC) can
document the management practices on both the reclaimed area and the reference area as approved by
Technical Revision No. 58 and incorporated into the New Horizon permit.
On May 23, 2011, GLA submitted the amended SL-12 application. In the amended application, WFC has
withdrawn the Phase II bond release request and addressed the outstanding adequacy issues identified
in the May 5, 2011. Some questions remain pertaining to the management history of the irrigated
Office of
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