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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 C O L O RA D O D I V I S I O N o f Denver, Colorado 80203 RECLAMATION Phone: (303) 866 -3567 M IN I NIN G N FAX: (303) 832 -8106 SAFETY May 13, 2013 John W. Hickenlooper Governor Linda Saunders 34315 Forest Park Mike King Executive Director Elizabeth, CO 80107 Loretta E. Pineda Director Re: Southfield Mine C1981 -014 Proposed Decision Technical Revision No. 39 Proposed change to Ponderosa - Pinyon - Juniper Reference Area Dear Ms. Saunders: This letter is to inform you that the Colorado Division of Reclamation, Mining and Safety is proposing to approve Technical Revision No. 39 (TR39). The application was submitted by Energy fuels Coal Company for the Southfield Mine. As a member of the Vento Trust that previously commented on this revision, we are providing notice of this proposed decision. During the review of TR39, parties of the Vento Trust submitted numerous questions and concerns to the Division regarding the proposed change of location of the Ponderosa/Pinyon/Juniper reference area. The Division met with parties of the Vento Trust on January 9, 2012. The Division addressed many of the Vento Trusts' questions at that time. Some of the concerns raised were not germane to TR39. The concerns that were applicable to the changes proposed by TR39 were considered within the context of the Act and Regulations [34 -33- 120(2), 4.15.7(3), 4.15.7(4), 4.15.8(2), 4.15.8(3), 4.15.8(4), 4.15.8(6), 4.15.8(7)]. The Division finds that the proposed reference area for the Pinyon Woodland community will result more stringent reclamation success standard for live vegetative cover. The data provided in the application measured the cover on the proposed reference area at 23.07% versus the 11.39% cover measured in the baseline data Plot B. Vegetation measurements indicated that he proposed reference area has a higher amount of shrubs and trees with 66.76% relative cover, versus 38.66% relative cover in the baseline data. The proposed Pinyon- Juniper reference area measured the woody stem density at 6375 woody stems per acre. The proposed reference area is larger.1.75 acres versus 0.3 acres. The approved Ponderosa - Pinyon- Juniper reference area is showing evidence of die -off. The Newlin Creek area has experienced several years of droughty conditions. Juniper and Pinyon pine die -off has been observed throughout the area. Although some trees have shown die -off in the proposed reference area, it does not appear as pronounced. Any person with an interest which may be adversely affected by the proposed decision may request a formal hearing before the Mined Land Reclamation Board within thirty (30) days of the first publication of this notice in the Canon City Daily Record. Such request must be made within thirty Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines