2010-06-21_REVISION - C1981008 ‎(2)‎

• Permit No: C1981008
• IBM Index Class Name: REVISION
• Doc Date: 6/21/2010
• Doc Name: Adequacy Review No. 3
• From: DRMS
• To: Western Fuels-Colorado
• Type & Sequence: PR6
• Email Name: SB1
• Email Name: MLT
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203 DC O L Ot ON N O
Phone: [phone] RECLAMATION
FAX: [phone] MINING

SAFETY
Bill Ritter, Jr.
Governor
June 21, 2010
James B. Martin
Executive Director
Loretta E. Pineda
Ross Gubka, P.E. Director
Western Fuels - Colorado
P.O. Box 628
Nucla, CO 81424
Re: New Horizon Mine - Permit No. C-1981-008
Permit Revision No. 6 (PR-06) Adequacy Review No. 3
Dear Mr. Gubka:
The Division has reviewed Western Fuels - Colorado (WFC) response to the Division's preliminary
adequacy review letters dated January 22, 2010 and April 6, 2010 regarding Permit Revision No. 6 (PR-
06). WFC has also provided partial responses to David Berry's May 18, 2010 letter.
The PR-06 responses have been reviewed by the Division for adequacy with respect to the Regulations
of the Mined Land Reclamation Board (Rules). Our comments are itemized on the following pages.
Numbering follows the January 22, 2010 and April 6, 2010 letters. In a couple of sections additional
questions have been raised and are indicated with a letter suffix (i.e. 5A.). A section at the end provides
comments on WFC's responses to Mr. Berry's letter.
WFC must address and resolve the issues presented by the Morgan Property landowner representative
(Ms. Turner) in the objection letters received by the DRMS on June 7, 2010 dated June 4, 2010, and
separately transmitted to WFC on June 18, 2010. Landowner coordination and consent is required by
regulations and statute. Such coordination also seems to be a point of previous agreement between WFC
and the Morgan's, as evidenced by the lease provision submitted with the June 7, 2010 objection letter
from Ms. Turner.
There are several outstanding issues with respect to the Prime Farmlands reclamation plan. Key
questions that remain unanswered are the backfilling/grading material balance on the Morgan property;
the topsoil balance for the prime farmlands; the final revegetation plan and Morgan Property landowner
coordination and consent. These issues, and many others, must be resolved to promote and ensure
successful reclamation of the prime farmlands.
The PR-06 decision deadline is extended to June 30,2010. A copy of the correspondence from the
Division and from WFC for the extension is attached. As agreed, WFC will be allowed to complete
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines