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COLORADO <br />I Division of Reclamation, <br />A71 <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Date: December 19, 2014 <br />To: Ginny Brannon <br />From: Brock Bowles <br />Re: New Horizon North (Permit No. C- 2010 -089) <br />Notice of Violation No. CV- 2014 -004 <br />Extension of Time for Abatement <br />During a complete inspection and combined OSM oversight inspection conducted on June 3, 2014, significant <br />differences were noted between the permitted drawings for NHN -001 East and West ditches as compared to the <br />actual ditches on -site. Notice of Violation CV- 2014 -004 was issued on June 26, 2014 giving Western Fuels - <br />Colorado, LLC (operator) the choice to either reconstruct the ditches as per the approved designs or obtain <br />approval of a technical revision revising the ditch designs. Western Fuels submitted new ditch designs in <br />Technical Revision 7 (TR -7) on September 4, 2014. <br />After reviewing TR -7, we proposed our decision to approve it on November 13, 2014. Our proposed decision <br />was published in the San Miguel Basin Forum (a weekly newspaper) on November 27, 2014. The decision <br />became final 10 days after publication on December 8, 2014. No public comments were received. <br />I conducted my normal monthly inspection on December 3, 2014 at which time I inspect the ditches in question <br />to verify that they comply with the specifications in TR -7. During the inspection it was noted that three ditch <br />sections were not constructed to the specifications outlined in TR -7. <br />Tri -State has requested that the abatement date for NOV- 2014 -004 be pushed back to January 16, 2014 (see <br />attached email). Your signature is required on this extension notice for extensions beyond 90 days as per Rule <br />5.03.2(2)(e). <br />If you have any questions or need additional information, please contact me at extension 8142 or Dan <br />Hernandez at extension 8126. <br />of .c <br />o <br />t <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us * *' <br />John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director 1876 <br />