2011-09-09_APPLICATION CORRESPONDENCE - C2010089 (2)

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C- 2010 -089 PAR No. 2 New Horizon North Mine 2.05.5 — Postmining Land Uses 1. The post- mining land use map also shows pre- mining land uses. While having both pre -and post- mining land uses displayed on one map provides a good comparison of the land use changes, the map as submitted is very confusing. Please remove the premining land use data from Map 2.05.4 -post mining land use, and resubmit it clearly showing the proposed post - mining land use. DRMS: Map 2.05.4 — Post mining Land Use, does not have all the symbols used on the map represented in the legend. Please include in the legend a description of: the sage green in the southern end of the property, the nine red circles with three red lines labeled DH 1 -9, the green checkered area on the Garvey property, and the white areas. Also, in the lower right corner, Kent Crofts signed the map as being prepared on 19 Nov, 2009, while in the lower left corner, it says the map was created on 6/14/10. Please clarify and use the correct date on the map. 2. Rule 4.16.1(1) requires that "all areas affected by surface coal mining operations shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before any mining; or (2) to higher or better uses achievable under criteria and procedures of 4.16. Please provide an account of how changing the post - mining land use from irrigated pasture to dryland pasture meets the requirement of Rule 4.16. DRMS: In section 2.05.5, page 4, last paragraph of the permit application, WFC is proposing to change "Irrigated Pasture to Dryland Pasture." This may be a typo that needs to be corrected. If it is not a typo, then WFC needs to discuss why it is proposing to lower the production value of the irrigated pasture. Rule 4.16 clearly states that "All areas affected by surface coal mining operation shall be restored in a timely manner: 1) to conditions that are capable of supporting the uses which they were capable of supporting before any mining..." Also, the contract with the land owner, Stan Garvey, does not have provisions for converting irrigated pasture to dryland pasture (Appendix 2.05.5 -1 in PAP). Please explain why WFC is proposing to convert irrigated pasture to dryland pasture. WFC must document that the land owner, Stan Garvey, specifically approves of the proposed post mining land use (dryland pasture or irrigated pasture) and reclamation plan as required by Rule 2.05.5(2)(b). 3. Response accepted. 2.05.6 — Mitigation of the Impacts of Mining Operations 2.05.6(1) — Air pollution control plan 1. Response accepted. 9- Sep -2011 Page 21 of 25 2.05.6(2) — Fish and wildlife plan 1. The Division will be contacting the Colorado Division of Wildlife to obtain the agency's written approval of (or any comments on) the proposed plan. DRMS: A letter was received from the CDOW, and has been incorporated into the PAP.