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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 />13 June 2013 <br />Ben Langenfeld <br />Greg Lewicki and Associates, PLLC <br />11541 Warrington Court <br />Parker, CO 80136 <br />STATE OF COLORADO <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Re: New Horizon Mine — Permit No. C- 1981 -008 <br />Minor Revision No. 86 (MR -86) — Vegetation Sampling and Pasture Management <br />Preliminary Adequacy Review <br />Dear Mr. Langenfeld: <br />An application for MR -86 was received by the Division on June 10, 2013, and determined to be <br />complete for purposes of filing on June 12, 201.3. With MR -86, Western Fuels - Colorado, LLC <br />(WFC) is seeking to clarify the management of the Irrigated Pasture reference area and reclaimed <br />areas, and to provide additional details regarding vegetation sampling for Irrigated and Dryland <br />pastures. <br />Portions of text on various pages within Section 2.05.4(2)(e) of the permit are proposed to be <br />revised. The Division has reviewed the application for adequacy with the Coal Rules. Our <br />comments are provided below, for your consideration and response. <br />For both Irrigated Pasture and Dryland Pasture areas, the revised plan indicates that <br />herbaceous production sampling will be done along a randomly placed transect. If <br />production will be measured along the same transect where cover is measured, then the <br />individual taking the samples should collect the cover measurements prior to collecting <br />vegetation clippings for production - Alternatively, the production quadrats could be <br />placed at a set distance offset from the transect, where clipping activity will not interfere <br />with the cover measurements. The text needs to be updated to clarify this methodology. <br />2. For both Irrigated Pasture and Dryland Pasture herbaceous production sampling, the <br />revised plan indicates that three and perhaps five sample points may be taken along a <br />given transect. The permit needs to clarify how the number of sample points per transect <br />will be determined, and why a certain number of sample points will be taken. For <br />example, in what instance would three sample points be collected, and in what instance <br />would four or five sample points be collected? <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />