2012-01-13_APPLICATION CORRESPONDENCE - C2010089 (2)

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C-2010-089 New Horizon North Mine PARNos. I-IA-IBI, 2-2A-2B,, 3 Page 32 of 60 reasons) with the New Horizon Mine permit, wherein all facilities, including ponds, etc. are presented in section 2.05.3(3). Over time, this format becomes a source of confusion and congestion in the permit, especially in relation to the applicable Rules. Please separate out those portions of the NHN PAP (those falling under Rule 2.05.3 (4)) into a separate section 2.05.3(4) of the application, and re-number the text, attachments, and maps accordingly. Item resolved in Uay-2011 res])onse� 2. Please provide documentation that the irrigation water users approve of the plan to relocate the 2nd Park Lateral irrigation ditch. Is this irrigation ditch the same as the Colorado Cooperative Company's ditch? Please revise the permit text to make this clearer. Finally, please provide a copy of the CCC Ditch Relocation Report that is missing from Appendix 2.05.3(3)-4. On page 6 of Section 2.05.3(4) of the May-2011 response, Western Fuels confirmed that the 2nd Park Lateral ditch is the same as the Colorado Cooperative Company ditch. Western Fuels also states that they are in the process of getting approval from the ditch company for relocation of the irrigation ditch. Please provide a copy of the agreement for insertion into the permit application. In the Dec-2011 res])onse, JVFC stated that a col-)y qfthe CCC executed ikgree meat )tV11 be submitted to the Division. 3. As required under Rule 2.05.3(4)(a)(i)(B), Rule 2.05.3(4)(a)(ii)(A) and Rule 2.10(2), please provide a statement certified by a registered professional engineer that the general and detailed hydrology designs and maps were prepared by or under the direction of a registered professional engineer. In the May-2011 response, WFC stated that an engineer's certification was located in the permit application just before the SEDCAD designs, However, the Division cannot find this engineer's certification. Please point out exactly where this certification is located. The certification was proj4ded in the Dec-20-11 resl)onse. 4. As required under Rule 2.05.3(4)(a)(i)(B) and Rule 2.10(2), please provide certified cross sections of each sediment pond, oriented both lengthwise and widthwise and which include each primary discharge structure. In the submittal dated May 26, 2011, a revised Arcadis report with the requested cross sections was provided in the renamed Appendix 2.05.3(4)-1. fteiit revolved iitlttt -201 1 resl-ionse. However, the Division has additional questions based on this recent submittal of the pond cross sections. a) There does not appear to be a discussion in the permit application concerning the construction methods that will be used for the three sediment ponds. Rule 2.05.3(4)(a)(ii)(B) requires construction specifications for the sediment ponds in order to ensure that the factor of safety has been met. Please revise the permit text, perhaps in Section 2.05.3(4) or Appendix 2.05.3(4)-1, to include a description of the construction techniques that will be used for building the sediment ponds, pond embankments and pond discharge structures. Alq)endix 2,05.3(4)-1 irav rel'ise(Z Itent reswh,ed ill Dec- 2011 resl)onse, b) Please add a discussion in the permit application as to whether any of the proposed sediment ponds can be classified as having Class B or Class C dams, as defined in the