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STATE OF COLOMDO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />January 14, 2008 <br /> <br />Jim Boyd <br />USDA/NRCS Resource Conservationist <br />P.O. Box 29 <br />Norwood, CO 81423 <br />RE: New Horizon Mine (Permit No. C-81-008) <br />Technical Revision No. 55 (TR-55) and <br />Permit Renewal No. 5 (RN-5); Soils, Land Use, <br />and Revegetation Issues <br />Dear Mr. Boyd: <br />COLORADO <br />D I V I S 10 N OF <br />RECLAMATION <br />MINING <br />- SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Hams D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Thank you for sending the detailed comments regarding TR-55 in your letter dated <br />January 7, 2008. Your comments and recommendations should be very helpful in <br />addressing the many issues of concern that have been identified during review of various <br />aspects of the New Horizon reclamation plan in recent years. Due to problems with the <br />TR-55 application and significant concerns that have been raised by permit area <br />landowners and local residents, we have requested and Western Fuels-Colorado (WFC) <br />has agreed to officially withdraw the TR-55 application. <br />Your letter has been forwarded to WFC, and we have requested that WFC consider your <br />comments and recommendations (as well as landowner comment letters) in preparing a <br />new permit revision application that will comprehensively address issues regarding land <br />use, revegetation, and soil salvage and replacement. Many issues regarding land use and <br />revegetation remain unresolved from the Division's 2006 midterm permit review. In <br />addition, the Division has today completed a permit renewal (RN-5) adequacy review <br />focusing on soils issues (topsoil salvage and replacement and Prime Farmland <br />investigation). We have included a copy of the RN-5 adequacy review memorandum, <br />and we would appreciate any comments or recommendations you may have in regard to <br />the concerns identified in the memo. Note that in the memo, we are directing WFC to <br />contact NRCS in regard to providing an updated Prime Farmland determination letter. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines