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