2016-03-11_REVISION - C1981008 (3)

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HUDSON'S BAY CENTRE 1 600 STOUT STREET, SUITE 1 700 DENVER, COLORADO 80202 MAINLINE: 303.893.1815 FACSIMILE: 303.893.1829 March 11, 2016 Sent via email to brock.bowlesAstate.co.us Mr. Brock Bowles Environmental Protection Specialist Colorado Division of Reclamation, Mining, and Safety Department of Natural Resources 1313 Sherman Street, Suite 215 Denver, CO 80203 CARVER SCHWARZ MCNAB KAMPER & FORBES, LLC CHRISTOPHER M. KAMPER CKAMPER@CSMKF.COM 303.893.1825 Re: New Horizon Mine (Permit No. C-1981-008), Technical Revision No. 71 (TR -71) Dear Brock: The following is the response of Western Fuels -Colorado, A Limited Liability Company ("Western Fuels -Colorado") to the comment letter dated March 3, 2016 from Jimmy R. Guire II, Trustee, on behalf of the GW46 Irrevocable Trust (the "Trust"). The Trust lacks standing to comment concerning TR -71 because it does not own the property containing the proposed stock pond that is the subject of this Technical Permit Revision. Rather, the proposed stock pond is located on the property belonging to the Trust's neighbor, Goforth. A map of the lands within Section 6, T46N, R15W, N.M.P.M., Montrose County, Colorado ("Section 6") is attached as Exhibit A. This map displays the boundary locations Mr. Guire is advocating, as contrasted with the property boundaries marked by Peabody Coal Company prior to mining. The Peabody property boundaries shown for the Trust property coincide with the locations of historic fences and existing fences which still mark the property boundaries to this day. It is therefore not as simple as Mr. Guire would have DRMS believe, to assert that merely because the aliquot section lines are in a certain place, actual physical property lines that have existed for more than a century must be moved at the expense of parties who have owned their land for decades. {CK0289.1 }