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

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C- 2010 -089 PAR No. 2 New Horizon North Mine 9- Sep -2011 Page 22 of 25 a) The Office of Surface Mining has been asked (by the Division) to review the plan for to federally listed species, including fish and plants, in addition to birds and mammals. The water depletion estimate requested in question 2.04.11- 2 is needed for OSM to complete their assessment. When OSM has all necessary documents, they will prepare a Biologic Assessment for consideration by the U.S. Fish and Wildlife Service (USFWS). USFWS may or may not concur with the OSM recommendation. If the USFWS concludes the project may affect but is not likely to adversely affect, or may adversely affect a given species, USFWS will prepare a Biological Opinion describing any conservation or recovery plans that may need to be implemented. 2.05.6(3) — Protection of hydrological balance 1. Response accepted. 2. On page 7 of the Protection of the Hydrologic Balance section of 2.05.6(3), it is stated that the stream buffer zones along Nygren Draw, Meehan Draw and Glasier Draw will not be affected by mining- related surface disturbances. Please describe on page 7 of Section 2.05.6(3) the measures that will be used to ensure compliance with Rule 4.05.18. Before the Division can make a proposed decision on the new permit application, the Division will need this information when it makes its findings of compliance with Rule 4.05.18. DRMS: In the submittal dated May 26, 2011, Western Fuels expanded on the discussion concerning stream buffer zones. However, the May 26, 2011 cover letter response to this question states that mining will affect the stream buffer zone along Meehan Draw and that the text was revised to describe this situation. However, in the expanded discussion on page 7 of Section 2.05.6(3), it is stated that no stream buffer zones will be affected by mining. Please explain this apparent discrepancy. 3. In the second full paragraph on page 8 of Section 2.05.6(3), it is stated that calculations were made that determined that there would not be significant impact to receiving stream water quality and water rights due to mine discharges. Please provide the calculations or reference on page 8 where in the permit application these calculations can be found. DRMS: In the submittal dated May 26, 2011, Western Fuels provided the requested calculations in Table 2.05.6(3) -2 on page 29 of Section 2.05.6(3). However, no data were presented for Coal Creek Canyon. Please explain. 4. Response accepted. 5. Response accepted. On page 8 of Section 2.05.6(3) in the submittal dated May 26, 2011, Western Fuels stated that they have applied to the Water Court to confirm its conditional water rights and, then, to have the conditional water rights become absolute before mining begins. The approved plan will be provided to the Division and placed in Appendix 2.05.6(3) -1 c. 6. Response accepted. On page 9 of Section 2.05.6(3) in the submittal dated May 26, 2011, Western Fuels stated that they have applied for the Substitute Water Supply Plan and, as for the Water Augmentation Plan, a copy will be sent to the Division and inserted into Appendix 2.05.6(3)-1c. 7. Response accepted. 8. Response accepted.