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V, <br />• DIVI 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) 832­8106 <br />• <br />January 22, 201 <br />Ms. JoEllen Turner <br />Box 346 <br />Nucla, CO 81424 <br />Q-1 <br />COLORADO <br />DivisloN Of! <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, )r. <br />Governor <br />Harris D. Sherman <br />Executive. Director <br />Ronald W. Cattany <br />Division Director <br />RE: Western Fuels-Colorado, LLC, New Horizon Mine Nat4ral Resource Trustee <br />u <br />Pen Revision No. 6 p .0 <br />Dear Ms. Turner: <br />Governor Ritter's office forwarded your January 6, 2010 letter to me expressing concerns,4,.. <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 fanns 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 land uses, revegetation and prime farmland <br />Prime farmland soils have been previously designated on Frank Morgan's property. The t 75 <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 a ved by WFC. On the Morgan <br />property, WFC proposes to install thre en Po and ri most likely will be i anent side rolls t irrigate 60 acres of alfalfa hayland. Another 40 acres is proposed for d Tk� <br />- <br />-d. e pplic <br />when water availability issues are. resolved. According According tot t e pplication, none of the designated <br />prime fan soils on the Morgan property are to be recl t*.e4d�to tand. <br />'Mere are several provisions for public involvement on coal mine the permitting actions. Notice of <br />le IS <br />the proposed revision was published by WFC in S) m and the public <br />j <br />comment period for the proposed revision, is ope n u 111KjJanuary-23, 2010 a set forth in Rule :L wip <br />2.07.3 of the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining- These rules are available on-line at htto://www.iiii.nin -state,co.us/. <br />The 13ivsion is currently reviewing the permit revision application for compliance <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, 201 at the Nucla Fire Hall. Notice of the mecting, <br />(:)Y V14cam, <br />A � 0 <br />c � -le-41-10 <br />