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Greg Lewicki And Associates, PLLC <br />11541 Wan—inglon Court Phone: (303) 346 -5196 Fa x (303 )- 34 6- 61) 14 <br />Parker, CO USA 80138 G-11ai1: iurau log icki.bii <br />September 11, 2013 <br />Marcia Talvitie <br />Colorado Division of Reclamation, Mining, and Safety <br />1313 Sherman Street, Rm 215 <br />Denver, Co 80203 <br />New Horizon Mine (Permit No. C- 1981 -008) <br />Permit Renewal No. 6 (RN -06) <br />Adequacy Response <br />Ms. Talvitie <br />On April 12, 2013, WFC received adequacy comments regarding the Permit Renewal No. 6 <br />(RN -06) for the New Horizon Mine permit. These comments, and WFC's responses are shown <br />below: <br />Section 2.03 — Legal, Financial, Compliance and Related Information <br />1. A check of the Applicant Violater System (AVS) was completed on March 29, 2013. <br />Certain discrepancies were noted regarding the ownership and control of Tri -State <br />Generation & Transmission Assoc. and Western Fuels- Colorado, LLC, as detailed in the <br />attached document. Please address these items, and submit any revised permit pages, as <br />appropriate. <br />Section 2.03 has been revised to reflect up to date information regarding the ownership and <br />control of Tri -State Generation & Transmission Assoc. as well as Western Fuels - Colorado, <br />LLC. Additionally, the surface ownership information of this section has been revised to <br />reflect local property ownership changes that need to be recorded in the permit. As part of this, <br />a revised Map 2.03.4 -1 has been attached. <br />Section 3.02 — Performance Bond Requirements <br />The Reclamation Cost Estimate (RCE) for the New Horizon Mine was last updated in <br />2009 for the issuance of Permit Renewal No. 5 (RN -05) and Surety Release No. I 1 (SL- <br />11). The Division has conducted a review of the RCE, to include modifications made to <br />the reclamation plan as approved under PR -06. These changes, together with updated <br />equipment costs, have resulted in an increase to the reclamation bond required. The <br />current surety, required, and actual, is $5,042,302.00. For RN -06, the estimate has been <br />increased to $5,702,700.81. A copy of the estimate is provided with this letter, for your <br />RECEIVED <br />SFP 13 2013 <br />DIVISION OF RECLAMATION <br />MINING AND SAFETY <br />