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TDN Response <br />New Horizon Mine <br />April 23, 2010 <br />Page 12 <br />Removal and Stockpiling and 4.25.4, Soil Replacement. The current revegetation plan requires the <br />reestablishment of irrigated hayland and irrigated pasture on all the Morgan property. Through, PR -6 <br />the Division is evaluating WFC's proposal for final revegetation and success standards in compliance <br />with the prime farmland requirements of Rule 4.25.5 on the Morgan property. The decision deadline <br />for PR -6 is June 18, 2010. <br />It is our finding that the Division has complied with the approved Colorado Regulatory Program and <br />that Western Fuels — Colorado is in compliance with Permit No. C- 1981 -008. <br />Please contact me if you have additional questions. <br />Sincerely, <br />A. Berry <br />Director, Office of Mined Land Reclamation <br />Attachment — 2 Photos <br />