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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832.8106 November 23, 2004 Assistant State Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service 764 Horizon Drive, South Annex A Grand Junction, CO 81506-3904 Re: New Horizon Mine (Permit No. C-1981-008) Technical Revision Application No. 52 (TR-52) New Pond 012 Dear Sir or Madam: COLORADO DIVISION OF MIN SRALS GEOLOGY RECLAMATION•M IN ING SAFETY•SCIENCE Bill Owens Governor Russell George Executive Director Ronald W. Cattany Division Director Natural Resource Trustee The Division of Minerals and Geology hereby issues notice, in accordance with Title 34, Article 33, Section 116, Pazagraph 4, of the Colorado Revised Statutes, that on November 23, 2004, an application to revise coal mining operations at the New Horizon Mine was considered complete for the purposes of filing. The revision was submitted by Western Fuels-Colorado, LLC. All review and comment periods as provided in the Act and the Regulations initiate from this date of filing. The operator proposes to construct a new temporary sediment control pond (Pond 012) in the mine permit azea. The new pond will have a permanent pool of 0.9 acre-feet of water. The pond will be reclaimed after mining operations cease. The surface coal mining operation is on land located approximately I mile north of Nucla. The permit azea is further described as follows: Portions of Section 6, Township 46 North, Range 15 West, New Mexico Prime Meridian The above-mentioned tracts of land aze shown on USGS 7.5 minute Quadrangle map of Nucla. Because the above referenced technical revision application would incorporate additional lands into the permit azea or might otherwise alter previously approved permit conditions or mitigation measures, we aze requesting your agency's evaluation of the potential for impacts to threatened or endangered species of plants or animals, or wildlife species otherwise protected by federal law. In order for us to approve this revision, we are required to make a fording that "the activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973...." We request your review and recommendation pursuant to this finding. Applicable sections of the revision application are enclosed. Please advise us if you require additional information. Office of Mined Land Reclamation Office of Active and Inactive Mines Colorado Geological Survey