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STATE OF CO <br />LORA <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />C O L D RA D O <br />DIVI SOON OFI <br />Denver, Colorado 80203 <br />RECLAMATION <br />Phone: (303) 866 -3567 <br />MINING <br />FAX: (303) 832 -8106 <br />SAFETY <br />January 22, 2010 Bill Ritter, Jr. <br />Governor <br />Ms. JOEllen Turner Harris iv Sherman <br />Executive Director <br />Box 346 Ronald W. Cattany <br />Nucla, CO 81424 Division Director <br />Natural Resource Trustee <br />RE: Western Fuels - Colorado, LLC, New Horizon Mine <br />Permit Revision No. 6 <br />Dear Ms. Turner: <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 Westem 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 tati �ri�me farmhand �, S �� �� ��C��,rt3� e► <br />Q 0A The <br />Prime farmland soils have been previously designated on Frank Morgans property. <br />statutory and regulatory criteria for reclamation of prime farmlands, found in Rules 2.04.12 an <br />4.25, are being reviewed by the Division and must be achieved by WFC. On the Morgan <br />ro oses to in tall three ermane t side rolls to irrigate 60 acres of alfalfa <br />property, WFC r p � � <br />hayland. Another 40 acres is proposed for potential cropland and most likely w>{ e irngai d <br />w en water availability issues are reso v ccor ing to a application, none of the designated <br />prime farmlan soi s on t e organ property are to be reclaimed to land or range an . Cj r�S-Q ( �,�, <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 jej ' _ Forum and the public <br />comment period for the proposed revision is open un Janua 23 2010 set. forth. in Rule <br />2.0 ?.3 of the Rules and Regulations of the Colorado Mined an Reclamation Board for Coal ' 10 <br />Mining. These rules are available on -line at http_ / /www mining.state.co.us /. <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 <br />