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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 />30 April 2009 <br />Ross Gubka, P.E. <br />Western Fuels - Colorado <br />P.O. Box 628 <br />Nucla, CO 81424 <br />Re: New Horizon Mine - Permit No. C-1981-008 <br />Technical Revision No. 58 (TR-58) - Irrigated Pasture Reference Area <br />3rd Adequacy Review <br />Dear Mr. Gubka: <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman . <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division has reviewed the referenced TR-58 adequacy response submittal, and has <br />the following adequacy comments. The submittal was well organized and, easy to follow. <br />Most of the items were adequately addressed, with only a couple minor editorial changes <br />that still need 'to be made. <br />1. In the revised table of contents for Section 2.05.4(2)(e), the section, immediately <br />following Revegetation Success Criteria and Statistical Procedures Irrigated <br />Pasture, is Revegetation Monitoring-All Areas, which begins on page (e)-24 of <br />the approved permit. This would imply that the section titled Dryland Pasture <br />Type, beginning near the bottom of page (e)-21 of the approved permit is being <br />deleted by the TR-58 amendments, which is not the case. <br />Please amend the table of contents to include reference to "Dryldnd Pasture <br />Type"... 205.02)(0-21. <br />2. Wording in the second paragraph of amended page (e)-19 Revegetation Standards <br />and Procedures for Testing for Successful Reclamation -Irrigated !Pasture Type, <br />could be misleading, and should be amended. "The success standard for WFC's <br />irrigated pasture will be based upon 1St cutting production only because we will <br />then be following the local practices and customs", would seem to imply that <br />success demonstration would be based on actual whole field harvest and <br />comparison to a standard based on 1St cutting whole field harvest. <br />Upon approval of TR-58, success demonstration would be based on statistically <br />adequate sampling and comparison to an approved reference area. The following <br />wording would more clearly summarize the success demonstration approach for <br />Irrigated Pastureland as proposed in TR-58: <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines