2011-11-02_REVISION - C1981008 - Laserfiche WebLink

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United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement Western Region Office 1999 Broadway, Suite 3320 Denver, CO 80202 -3050 October 28, 2011 Mr. David Berry Director, Coal Regulatory Program Colorado Division of Reclamation, Mining and Safety 1313 Sherman St. Room 215 Denver, Colorado 80203 Dear Mr. Berry: In a letter to WFC dated October 14, 2011, you had provided_both OSM and DRMS's review comments to the mine operator. In a submittal to DRMS dated October 20, 2011, WFC's consultant (Lewicki & Associates) provided a response to the DRMS's review letter. OSM Review Comments Re: Technical Review Comments — Permit Revision Application TR -61: Western Fuels - Colorado's Proposed Soil /Overburden Sampling and Analysis Plan for the New Horizon Mine In a letter to the Division of Reclamation, Mining and Safety (DRMS) dated October 14, 2011, OSM had provided review comments on Western Fuels — Colorado's (WFC's) September 30, 2011, technical revision application (TR -61). This proposed revision application is applicable to Permit C- 1981 -008 for the New Horizon Mine. The proposed permit revision application includes a plan to conduct sampling and analysis of identified in -place undisturbed soil and stockpiled soil materials, as well as overburden materials that have been redistributed over previously mined and regraded lands. The additional chemical and physical data to be acquired for these Morgan property sites, are to be used in determining what steps (if any) need to be taken to ensure that the prime farmlands mined on this property are eventually reclaimed to a condition that reasonably restores the agricultural yield capability that existed prior to mining. At the request of and in cooperation with DRMS, our office has conducted a technical review of the plans included within WFC's October 20, 2011, TR -61 revised submittal. OSM's review of the amended submittal finds that most of our prior review comments have been satisfactorily addressed. However, there are a few remaining areas of the submittal where revisions are needed. Undisturbed Native Soil WFC has updated the undisturbed native soil section of the revision application to reflect how the soil test pit locations were chosen and identified on the map. WFC's response is adequate and has satisfactorily addressed the review comments /concerns we had previously discussed in our October 14, 2011, letter.