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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 />June 28, 2011 <br />Mr. Ross Gubka <br />Chief Engineer <br />Western Fuels- Colorado, LLC <br />P.O. Box 628 <br />Nucla, CO 81424 <br />RE: New Horizon (Permit No. C -1981 -008) <br />SL -12 Response to June 6 Letter <br />Dear Mr. Gubka: <br />Item #1: Item Resolved <br />STATE OF COLORADO <br />The Division of Reclamation Mining and Safety (Division) is in receipt of a response from Greg <br />Lewicki and Associates (GLA) dated June 6, 2011 for bond release application number 12 (SL12). <br />The Division has reviewed the response and has the following comments. <br />Item #2: Item Resolved. In the future, for each field, it is important to document the days <br />irrigation flow is released to the reclaimed area; when irrigation flow is stopped to allow for hay <br />cutting and when the water is released onto the field(s) again. This may occur two or three times <br />during the growing season. <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />-&- <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Item #3: Discrepancies were identified between the approved TR58 language and the approved <br />PR6 language regarding the application rate of irrigation water on the reclaimed irrigated pastureland. <br />It is not clear which commitment regarding the expected rate of water WFC applied to the reclaimed <br />lands proposed in SL12. The Division believes the commitment approved in TR58 should apply to all <br />reclaimed irrigated pasture east of 2700 Road. The commitment approved in PR6 only applies to the <br />reclaimed Lloyd irrigated pasture west of 2700 Road. The permit will need to be revised to clarify the <br />reclamation irrigation expectations on reclaimed irrigated pasture and the reference area. <br />a. The language the Division approved in TR58 regarding the expected rate of water states on <br />page 2.05.4(2)(e) -19D: " The expected application rate of water: Reference area — 10 <br />shares of water to irrigate the reference area of 6.81 acres. It is applied through a connector <br />ditch from the CCC ditch. The reclaimed area will receive approximately 1 share per acre <br />if a side roll is used. If flood irrigation is used, the same application rate as the reference <br />area is used, which is 1.64 shares per acre." WFC claims they have ten CCC Ditch shares <br />for the reference area. How many shares are available to the reclaimed field? <br />Office of <br />Mined Land Reclamation <br />Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />