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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />April 1, 2016 <br />From: Brock Bowles <br />Re: New Horizon Mine (Permit No. C-1981-008) <br />Minor Revision 99 (MR -99) <br />Use of Portable Pump Inside Stream Buffer Zones <br />Tri-State Generation and Transmission, Inc. submitted minor revision 99 (MR -99) on behalf of Western Fuels - <br />Colorado, LLC (WFC) for the New Horizon Mine. MR -99 was received by the Division on March 21, 2016 <br />and was deemed complete on March 31, 2016. <br />MR -99 was submitted to propose operations of a portable pump within the stream buffer zones of Tuttle Draw <br />and Calamity Draw. The purpose of the pumps is to pump water from both draws as allowed by WFC's <br />decreed water rights. WFC does not intend to discharge water into either draw by use of the portable pumps. <br />Rule 4.05.18 states (in part) that no land within 100 feet of a perennial stream shall be disturbed by surface coal <br />mining operations unless the Division specifically -authorizes surface mining operation closer to such a stream. <br />The Division is proposing to authorize the operations of portable pumps within the stream buffer zones of Tuttle <br />Draw and Calamity Draw based on the commitments proposed by WFC which address Rules 4.05.18(1)(a), (b) <br />and (c). WFC has committed to: a) placing the portable pumps in secondary containment structures that will <br />capture leaks or spills while the pump is in the stream buffer zone, b) The pumps will be moved in and out of <br />the stream buffer zones during dry conditions c) the pumps will only be placed in the stream buffer zones when <br />necessary and will be removed as soon as practical when it is not needed and d) will not create a permanent or <br />temporary stream channel diversion. <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 <br />