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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832$106 <br />July 21, 2006 <br />Mr. Ross Gubka, P.E. <br />Chief Engineer <br />Western Fuels-Colorado <br />P.O. Box 628 <br />Nucla, Colorado 81424 <br />Re: New Horizon Mine (Permit No. C-81-008) <br />Response to Reporting of an Off Site Surface Water Discharge <br />Dear Mr. Gubka: <br />COLORADO <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />0.ECLA NATION•N INING <br />EAEETY•EQENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive DlreCtOf <br />Ronald W. Cottony <br />Division Director <br />Natural Resource Trustee <br />This letter is in response to Western Fuels-Colorado (WFC's) letter report entitled Reporting of <br />an Off Site Surface Water Discharge on July 10, 2006, New Horizon Mine. On July 11, WFC <br />informed the DMG of an intense thunderstorm event that occurred at the mine site on the <br />previous day resulting in surface water from the disturbed area being dischazged to off site <br />locations. The discharge occurred from surface water collection ditches that were breached prior <br />to treatment by a sedimentation pond. All five active Sediment Ponds (7,8,9,12, and 14) <br />withstood the event and performed as designed. <br />In response, Dan Mathews from our Grand Junction Field Office went to the site to conduct an <br />inspection. Dan Mathew's inspection report was sent to WFC on July 12, 2006 and indicated <br />that an enforcement action may be forthcoming pending review of the inspection report and <br />WFCs letter report as requested by DMG's Denver Office. <br />Based on our review of Mr. Mathew's inspection report and WFCs letter report an enforcement <br />action will not be issued. The information contained in the DMG inspection report and WFCs <br />report both indicated that a breach of surface water collection ditches occurred at five locations <br />but that off-site damage was very limited and impact appeazed to be insignificant. Only one of <br />the ditches (C 17) as measured by Mr. Mathews was found to be shallower than the design depth. <br />The ditch was found to be 7 inches deep and the design depth with freeboard is 1.36 feet. <br />However, this ditch was found to be wider than required (15.8 feet wide and only 9 feet wide <br />required). Further, based on the drainage area of 31.8 acres the ditch is required (by Rule 4.05.3) <br />to be designed for the 10-year, 24-hour precipitation event for a permanent ditch. The approved <br />ditch design is conservative since it is based on the 100-year, 24-hour precipitation event. The <br />Office of Office of Colorado <br />Mined land Reclamation Active and Inactive Mines Geological Survey <br />