2010-01-22_REVISION - C1981008

• Permit No: C1981008
• IBM Index Class Name: REVISION
• Doc Date: 1/22/2010
• Doc Name: Response to Objection Letter Sent to Governor's Office 1/6/2010
• From: DRMS
• To: Ms. JoEllen Turner
• Type & Sequence: PR6
• Email Name: SB1
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
January 22, 2010
Bill Ritter, Jr.
Governor
Ms. JOEllen Turner Harris D. Sherman
Box 346 Executive Director
Nucla, CO 81424 Ronald w. cattany
Division Director
Natural Resource Trustee
RE: Western Fuels-Colorado, LLC, New Horizon Mine
Permit Revision No. 6
Dear Ms. Turner:
Governor Ritter's office forwarded your January 6, 2010 letter to me expressing concerns
regarding the reclamation practices and permit revision application at the New Horizon Mine
operated by Western Fuels-Colorado, LLC (WFC). A permit revision addressing changes to the
post mine land use, final contours, sediment control and prime farmlands was submitted to the
Division of Reclamation, Mining and Safety (Division) on November 12, 2009.
Your concerns regarding the proposed revision are noted. You state that WFC is "requesting our
prime farmland and most of the neighboring farms to put in dryland, not irrigated". The Division
is evaluating all the information submitted with the revision including pre-mining and post-
mining land uses, revegetation and prime farmlands.
Prime farmland soils have been previously designated on Frank Morgan's property. The
statutory and regulatory criteria for reclamation of prime farmlands, found in Rules 2.04.12 and
4.25, are being reviewed by the Division and must be achieved by WFC. On the Morgan
property, WFC proposes to install three permanent side rolls to irrigate 60 acres of alfalfa
hayland. Another 40 acres is proposed for potential cropland and most likely will be irrigated
when water availability issues are resolved. According to the application, none of the designated
prime farmland soils on the Morgan property are to be reclaimed to dryland or rangeland.
There are several provisions for public involvement on coal mine permitting actions. Notice of
the proposed revision was published by WFC in the San Miguel Basin Forum and the public
comment period for the proposed revision is open until January 23, 2010 as set forth in Rule
2.07.3 of the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal
Mining. These rules are available on-line at http://www.mining.state.co.us/.
The Division is currently reviewing the permit revision application for compliance with the
Rules and will be sending a review letter to WFC by January 22, 2010. A copy of the review
letter will be made available at the Montrose County Nucla Annex. Furthermore, a public
meeting has been scheduled for February 18, 2010 at the Nucla Fire Hall. Notice of the meeting
Office of Office of
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