2010-05-26_REVISION - C1981008 ‎(2)‎

• Permit No: C1981008
• IBM Index Class Name: Revision
• Doc Date: 5/26/2010
• Doc Name: Preliminary Adequacy Review
• From: DRMS
• To: Western Fuels-Colorado
• Type & Sequence: SL12
• Email Name: MLT
• Email Name: SB1
• 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
Phone: [phone]
FAX: [phone]
26 May 2010
Ross L. Gubka, P.E.
Western Fuels - Colorado
P.O. Box 628
Nucla, CO 81424
Re: New Horizon Mine — Permit No. C- 1981 -008
SL -12 — Partial Phase II and Phase III Performance Bond Release
Preliminary Adequacy Review
Dear Mr. Gubka:
COLORADO
D I V I S I O N OF
RECLAMATION
MINING
SAFETY
Bill Rittef, Jr.
Govemof
James 8, Martin
Executive Director
The Division of Reclamation, Mining and Safety ( "Division ") has completed its review of the
SL -12 bond release request for the New Horizon Mine. Our comments are presented below, for
your consideration and response.
Requirements governing the release of performance bonds for coal mines in Colorado are
described in the following documents:
• C.R.S. 34 -33 -125 ( "the Act "). Release of performance bonds or deposits. (July 1, 1995)
• Regulations of the Colorado Mined Land Reclamation Board for Coal Mining ( "the
Rules ") — Section 3.03 Release of Performance Bonds (September 14, 2005)
• Colorado DMG Guideline ( "the Guideline ") Regarding Selected Coal Mine Bond
Release Issues (April 18, 1995)
Portions of the Western Fuels — Colorado (WFC) SL -12 request for bond release were submitted
on August 18 and September 3, 2009. In accordance with requirements of Section 3.03.2(1)(b),
WFC published an advertisement in the San Miguel Basin Forum once a week for four
consecutive weeks — September 10, 17, 24 and October 1, 2009. Proof of publication was
submitted to the Division on October 13, 2009.
On the 21 of October, WFC provided notarized statements certifying that all applicable
reclamation activities have been accomplished in accordance with the requirements of the Act,
the rules and the approved reclamation program (as required by Section 3.03.2(1)(e), and the
Division determined the application to be complete for purposes of filing on October 22, 2009.
General Comments
1. Part 1 of the Guideline provides a list of 18 General Requirements for inclusion in the
Bond Release Application. These items are addressed on beginning on Page 1 of, the
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines