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08 July 2010 CERTIFIED MAIL NO. 7007 3020 0001 5760 7609 <br />Western Fuels-Colorado <br />P.O.Box628 Ms Marcia L. Talvitie, P.E. <br />Nucla, Colorado 81424 <br />Colorado Division of Reclamation, Mining and Safety <br />691 CR 233, Suite A-2 <br />Telephone 970/864-2165 Durango, CO 81301 <br />Fax 970/864-2168 <br /> <br />JUL 12 2010 <br />[ti''ii(t: r'?ra and Sa#* <br />RE: Response to the Notice of Violation No. CV-2010-003, New Horizon Mine, <br />Permit C-81-008 <br />Dear Ms Talvitie: <br />I have had a very short time to review the three portions of the violation stated <br />in the NOV. I would like to make some points of view and possible clarification <br />that would lessen the severity of the penalty portion of the violation. I will give <br />WFC's point of view for each item below. <br />Item 1, page 3 of the CV-2010-003 document states."For topsoil on the Lloyd <br />property, WFC failed to report results for Calcium Carbonate (5);Selenium <br />(ppm);and coarse fragment (%)" in the 2009 Annual Reclamation Report. <br />WFC Response. In 2009, there was ten topsoil samples taken for the 2009 <br />(ARR). Four of these samples (TS91,92,93,98) were taken on 09Apri109 prior to <br />TR-57 approval. TR-57 dealt with Prime Farmland soils and modifications to the <br />testing parameters of all topsoils were discussed with NRCS, DRMS and WFC <br />and a new set of soil testing was submitted but as of 09Apri109 was not officially <br />approved. TR-57 approval date happened to be 23Apri109, fourteen days after the <br />above samples were taken. See your 23Apri109 letter to WFC concerning TR57 <br />approval. WFC believes the samples were taken and the correct sample <br />parameters were measured at that time. These four samples should not fall into <br />the violation category. The PAP test parameters at that time (pre TR-57 and <br />23Apri109) )were pH, Ec, SAR and texture. The pre 23Apri109 PAP test <br />parameters can be seen in 2.05.4(2)(e)-22. The pre TR-57 PAP Section <br />1-14