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STATE OF COLORADO <br />W 'V'SION 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 22, 2010 <br />COLORADO <br />D I V I s I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Sill Ritter, Jr. <br />Governor <br />Ms. JoEllen Turner <br />Box 346 <br />Nucla, CO 81424 <br />RE: Western Fuels-Colorado, LLC, New Horizon Mine <br />Permit Revision No. 6 <br />Dear Ms. Turner: <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource 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 Mine <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 submitted to the <br />• Division of Reclamation, Mining and Safety (Division) on November 12, 2009. <br />Your concerns regarding the proposed revision are noted. You state that WFC is "requesting our <br />prime farmland and most of the neighboring farms to put in dryland, not irrigated". The-Division <br />is evaluating all the information submitted with the revision including pre-mining and post- <br />mining 1 ses reveg tatio an rime farm ds. <br />4 <br />, ?, p S UA SAND ?s Q??_p?r ? <br />-? <br />Prime farmland soils have been previously designated on Frank Morgan's property. The <br />statutory and regulatory criteria for reclamation of prime farmlands, found in Rules 2.04.12 and <br />4.25, are being reviewed by the Division and must be achieved by WFC. On the Morgan <br />property, WFC proposes to in tall three ermane side rolls to irrigate 60 acres of alfalfa <br />hayland. Another 40 acres is proposed for potentt cropland and most likely wi a Rga d ° <br />wTien water availability issues are reso v ccor ing to a application, none of the designated <br />prime fafth soi s on a organ property are to be reclaimed to man r range an <br />There are several provisions for public involvement on coal mine permitting actions. Notice of <br />the proposed revision was published by WFC in the San Forum and the public -Mimle] Basin- comment period for the proposed revision is open un J uar 23 2010 set. forth. in Rule <br />2.07.3 of the Rules and Regulations of the Colorado Mine an eclamation Board for Coal <br />Mining. These rules are available on-line at http://www.mininu.state.co.us/. Z3'Z-v) ,- '6 30 DO >D <br />The Division is currently reviewing the permit revision application for compliance with the <br />• Rules and will be sending a review letter to WFC 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 meeting