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March 12, 2016
<br />Mr. Brock Bowles
<br />Environmental Protection Specialist
<br />Colorado Division of Reclamation Mining and Safety
<br />Department of Natural Resources
<br />1313 Sherman Street, Suite 215
<br />Denver, CO 80203 Sent via email, to: brock.bowles@state.co.us
<br />RE: New Horizon Mine (Permit No. C-1981-008), Technical Revision No. 71 (TR -71).
<br />Dear Mr. Bowles,
<br />We are in receipt of Western Fuels — Colorado, LLC's (WFC) March 11, 2016 letter as it pertains to our March
<br />3, 2016 Comment Letter for Technical Revision (TR -71).
<br />Western Fuels -Colorado, LLC states in their March 11, 2016 letter that GW46 Irrevocable Trust (GW46) "lacks
<br />standing to comment on TR -71 because it does not own the property containing the proposed stock pond
<br />that is the subject of this Technical Permit Revision."
<br />WFC again is choosing to ignore the Law and the Regulations as required by Title 34, Article 33, "34-33-
<br />110(2)(b)(1) Every legal owner of record of the property (surface and mineral) to be mined" and Regulations
<br />of the Colorado Mined Land Reclamation Board for Coal Mining, Effective August 30, 1980, 2.03.4(6)(a). WFC
<br />has asserted that GW46 does not own the land the stock pond is to be re -constructed in TR -71 will be
<br />located.
<br />WFC asserts that Mr. Goforth owns the eastern portion of Lot 3, Section 6, T 46 N, R 15 W, NMPM, yet Mr.
<br />Goforths' deed and all prior deeds only describe Lot 2, Section 6, T 46 N, R 15 W, NMPM, nowhere in any of
<br />the deeds does it even mention Lot 3, Section 6, T 46 N, R 15 W, NMPM. WFC's claim that a fence line
<br />establishes the legal boundary and defines ownership in lands and ignores the Law and the Regulations it is
<br />supposed to follow. WFC would like for GW46 and Goforth to have a dispute so that they can place a
<br />questionable excuse as to their actions. WFC even goes so far as to ignoring the Disclaimer of Interest that
<br />was recorded with the Montrose County Recorder's Office on 2-05-2015 at Reception No. 862333 to clarify
<br />ownership of the lands that are described in WFC own survey they had performed and recorded with the
<br />Montrose County Recorder on 9/16/2014 at Reception No. 858924, which was an issue in MR -95.
<br />Again, under 34-33-116(3), we request that Colorado Division of Reclamation Mining and Safety (DRMS)
<br />review the original application from Peabody Coal Company, along with the Surface and Mineral owner
<br />leases and the legal description associated with each lease. We think you will find it interesting that the
<br />"Surface Lease" with Lester Goforth's parents does not mention Lot 3, Section 6, T 46 N, R 15 W, NMPM, but
<br />only Lot 2, Section 6, T 46 N, R 15 W, NMPM. As for the "Mineral Lease", the mineral rights were reserved
<br />and owned by Ira and Lora Warren only on Lot 2, Section 6, T 46 N, R 15 W, NMPM, as described in Book 517,
<br />at Page 240 and were payable to their heirs from WFC. All deeds pertaining to Lot 3, Section 6, T 46 N, R 15
<br />W, NMPM are of "RECORD", all deeds pertaining to Lot 2, Section 6, T 46 N, R 15 W, NMPM, are of
<br />"RECORD", Survey Plat pertaining to Lot 3, SE%NW%, NE%SW%, Section 6, T 46 N, R 15 W, NMPM, is of
<br />"RECORD". There is no excuse for WFC to continue to dispute the facts of "RECORD", and DRMS has no
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