Laserfiche WebLink
Date: July 12, 2011 <br />To: Brock Bowles <br />From: Janet Binns <br />RE: Responses to New Horizon North Adequacy Questions 2.05.4(2)(d) # 3 and 2.05.4(2)(e) # 4 <br />The Division has received Western Fuels - Colorado's responses to the Division's adequacy letter, dated <br />December 23, 2010. You had asked for my review of the two preliminary adequacy questions since I had <br />conducted the review in December 2010. I have included my original questions as submitted to the lead <br />specialist in a memo, dated December 15, 2010. For item 2.05.4(2)(d) # 3, only the text in purple was <br />included in the adequacy letter sent to the operator. My responses to WF -C's June 2, 2011 adequacy <br />responses are in blue text. Please let me know if you have any other questions or if we need to discuss these <br />further. <br />2.05.4(2M # 3 <br />Rule 4.16.1(1) requires that "all areas affected by surface coal mining operations shall be <br />restored in a timely manner to conditions that are capable of supporting the uses which <br />they were capable of supporting before any mining; or (2) to higher or better uses <br />achievable under criteria and procedures of 4.16. <br />Please provide an account of how changing the post- mining land use from irrigated pasture <br />to dryland pasture meets the requirement of Rule 4.16. Please provide an explanation of <br />how mixing topsoil and subsoil together complies with section 34- 33- 120(2)(e) of the Act. <br />WF -C's response was that HN2 apparently is the only mine in Colorado required to salvage <br />A horizon separately for B horizon soils. The Keenesburg Mine salvaged A horizon soils in <br />separate lifts from the B horizon soils. This mine is no longer salvaging topsoil, but the <br />operator replaces topsoil in separate lifts. WF -C should provide a discussion that <br />demonstrates to the Division that salvage of topsoil and subsoil in one combined lift will <br />still allow "all areas affected by surface coal mining operations shall be restored in a timely <br />manner to conditions that are capable of supporting the uses which they were capable of <br />supporting before any mining or to higher or better uses achievable under criteria and <br />procedures of 4.16." (Rule 4.16.1(1)). <br />2.05.4(2)(e) # 4 <br />Rule 4.15.7(3)(b)(iii) requires that reference areas selected for reclamation success <br />comparison should approximate the vegetation characteristics which reflect reclamation <br />plan objectives. The permittee must demonstrate that the reference area selected reflects <br />proper land management and is representative of the ecological site conditions for the <br />reclaimed area as determined by pre- mining inventories and the reclamation plan. The <br />