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STATE OF COLORADO <br />DIVISION 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 />6 April 2010 <br />Ross Gubka, P.E. <br />Chief Engineer <br />Western Fuels- Colorado <br />P.O. Box 628 <br />Nucla, Colorado 81424 <br />Re: New Horizon Mine — Permit No. C- 1981 -008 <br />Permit Revision No. 6 (PR -06) <br />Supplemental Adequacy Review and Follow -up to Informal Conference <br />Dear Mr. Gubka: <br />COLORADO <br />❑ I V I S 1 ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Catiany <br />Division Director <br />Natural Resource Trustee <br />The purpose of this letter is to follow up on issues identified during the informal conference held <br />at the fire station in Nucla on February 18, 2010 regarding Permit Revision No. 6 at the New <br />Horizon Mine. Several of the issues participants discussed during the informal conference had <br />been identified in the Division's January 22, 2010 initial preliminary adequacy review (PAR). A <br />follow -up meeting was held with Western Fuels - Colorado (WFC) representatives on March 16, <br />2010 to review the PAR letter and the informal conference. <br />In Section 1 below, we address the PAR issues that require additional information based on what <br />we heard at the informal conference. The numbers are consistent with the numbering in the <br />January 22 letter. Section 2 of the letter identifies additional issues raised during the informal <br />conference that will need to be addressed by WFC. Numbers follow sequentially from where the <br />PAR ended. <br />Section 1— Preliminary Adequacy Review Issues Additional Comments <br />11. The parcel of Begay Fine Sandy Loam soil (Map Unit 98A) in the northwest portion of <br />the permit area along Tuttle Draw, has been confirmed as being Prime Farmland (see <br />letter of February 19, 2010, from Jim Boyd, NRCS Norwood Resource Conservationist). <br />A 2.3 acre portion of the Begay parcel was disturbed by construction of Sediment Pond <br />013. The disturbed area will need to be reclaimed in accordance with prime farmland <br />requirements and will need to meet prime farmland criteria for bond release. Any further <br />disturbance within the unit will need to be conducted in accordance with prime farmland <br />soil handling and reclamation requirements. Please revise relevant narrative and maps <br />(including pertinent text in Sections 2.04.3, 2.04.9, 2.05.4(2) (d), 2.05.4(2) (e), and Maps <br />2.04.9 -1, 2.05.4 -4 and 2.05.4 -5) as appropriate. <br />Office of Office of <br />Mined Land Reclamation Deliver • Grand )unction • Durango Active and Inactive Mines <br />