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p.1 <br />DIVISION Of RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />13 13 Sherman Sr., Room 215 <br />Denvar, Colorado &0203 <br />Prong: (303) 866-3567 <br />FAX: (303) 832-8-106 <br />January 22, 2010 <br />Ms. Jo Ellen Turner <br />Box 346 <br />Nucla., CO 81.4.24 <br />STATE OF COLORADO <br /> <br /> <br />yt <br />E. Westein Fuels-Colorado, LLC, New Horizon Mine <br />Permit Revision No. 6 <br />Dear Nis. Tuner: <br />COLOR-ADO <br />D I V E S f 0 K O P <br />RECLAMATION <br />mIN IAUGr <br />SAFETY <br />Bill Ritter, Ir. <br />Governer <br />Harris D. Sherman <br />i::iei:_ill•l! D.:Y! lto: <br />Ronald W. Cattany <br />Division Dire[tor <br />Natural Resourco Trustee <br />Governor Ritter's office forwarded your January 6, 2010 letter to me expressing concerns <br />regarding the reclamation practices and permit revision application at the New Horizon Mille <br />operated by Western Fuels-Colorado, LLC (WFC). A permit revision addressing changes to the <br />post mine land use, final contours, sediment control and prime farmlands was subinitted to the <br />Division of Reclamation, Mining and Safety (Division) oil November 12, 2009. <br />Your concerns regarding the proposed revision are noted. You state that WFC is "recluestinr oln- <br />pnme. farmland and most of the neighboring farms to put in dryland. not irei rated". Till:; Division <br />is evaluating all the information submitted with the revision including prc-mining and post- <br />mining land uses, revegetation and prime farinlands. <br />Prime fanTTiand soils have been previously designated on Frank tMorgan's property. The <br />statutory and regulatory criteria for reclamation of prime farmlands, found in Pules 2.04. and <br />4.25, are being reviewed by the Division anci-tu> i_b a ?vecl by WFC. On the Vlorga.n <br />property, WFC proposes to install three' errnanent side rolls t, irrigate 60 acres of alfalfa t` <br />hayland. Another 40 acres is proposed for 110 `l and most likely -will be irrigated <br />when water availability issues are resolved. According to tFie,application, none of the designated <br />prune farmland soils on the Morgan. property are to be reel4i1 zed to drylatTCl-o- angel- nd. <br />There are several provisions for public involvement on coal thine permitting actions. Notice of <br />the proposed revision was published by WFC in the S?uT -Migiiel-B?rsii cim and the public S <br />r,d <br />r niJ.al"v ...1 <br />42iiIIiT7ellt period for the proposed revision is open until. ; 23, ..1.! 20, a set north in Rule <br />2.07.3 of the Rules and Regulations of the Colorado Mined Land. Reclamation Board for Coal <br />t e. 4, <br />Minin,g. These rules are available on-Line at 1'IttT2:/; v?vw.rcil?!n ?:.sly?t .coal r. ?,<_ ?? ?. <br />The Division is eurretitly reviewing the permit revision application for compliance the <br />Rules and will. be sending a review letter to WK by January 22. 2010. A copy of the review <br />letter will be made available at the Montrose County Nucla Annex. Furthermore, a public <br />meeting has been scheduled for February 18, 2010 at the Nucla Fire Hall. Notice of the muting <br />? C'°4 `I, ice`