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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />MEMORANDUM <br />March 4, 2013 <br />TO: Marcia Talvitie, DRMS <br />FROM: Jared Ebert, DRMS� <br />RE: New Horizon Mine; C- 1981 -008; Phase II and III Bond Release Application (SL14) <br />Revegetation Review <br />COLORADO <br />D I V I S 16 N OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta Pineda <br />Director <br />I conducted a review of the revegetation data and information submitted in the SL 14 bond release application for the <br />New Horizon Mine, DRMS Permit No. C- 1981 -008. The application consists of a Phase II bond release section and <br />a Phase III bond release section for different parcels of reclaimed Irrigated Pasture land. Map R -1; SL -14 Bond <br />Release Map depicts the parcels requested for bond release. For each parcel depicted on Map R -1, the parcel is <br />assigned an identifier and the year(s) are indicated when the parcel was sampled to determine revegetation success. <br />Map R -3; Topsoil and Seeding map identifies the parcels requested for bond release and includes information on <br />when topsoil was applied to the parcel and when the parcel was seeded. <br />Revegetation sampling of these parcels took place in 2008, 2009, 2010, 2011 and 2012. For each sampling effort, a <br />revegetation monitoring report was supplied in Appendix 1 of the application. For 2008, it appears two revegetation <br />monitoring reports were generated; however, one of the reports was missing from Appendix 1. The SL 14 <br />application is complex and hard to follow, given the numerous revegetation monitoring reports used to justify <br />revegetation success as well as numerous errors and inconsistencies found throughout the application and <br />revegetation monitoring reports. The integrity and validity of the application is brought into question given these <br />issues. <br />Revegetation success of the parcels requested for bond release cannot be conclusively determined based on the <br />application and the supporting data. This determination is discussed in the following sections of this memo. The <br />discussion focuses on the major problems inhibiting the determination of revegetation success of these parcels; not <br />every single typographical error, mislabel and discrepancy found in the application is provided given the large <br />number of these problems. <br />The organization of this memo generally follows the discussions presented in the SL 14 application. <br />Reclamation and Management Histories <br />Section 2.05.4(2)(e) subsection 4.5.2 and 4.6 of the New Horizon Mine permit discuss the management practices the <br />permittee committed to for the Irrigated Pasture Reference Area and the Irrigated Pasture Reclaimed land <br />respectively. These sections discuss rill and gully monitoring and repair, weed and pest control, irrigation, grazing, <br />haying and fertilization practices for both the Irrigated Pasture Reclaimed and Reference Areas. Overall, the <br />management activities conducted on the Reclaimed Irrigated Pasture Areas were to be duplicated on the Irrigated <br />Pasture Reference Area for the same duration and intensity. Rule 4.15.7 (3)(f) states, "During any year when <br />vegetation sampling related to a bond release application is conducted by the permittee, the reference area(s) and <br />revegetated area(s) shall receive the same management." The applicant provides a description for the reclamation <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />