2010-07-23_REVISION - C1981008

• Permit No: C1981008
• IBM Index Class Name: REVISION
• Doc Date: 7/23/2010
• Doc Name: Adequacy Review No. 4
• From: DRMS
• To: Western Fuels Colorado
• Type & Sequence: PR6
• Email Name: DAB
• 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]
July 23, 2010
Ross Gubka, P.E.
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. 4
Dear Mr. Gubka:
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
The Division has reviewed the Western Fuels-Colorado (WFC) July 2, 2010 response to the Division's
third adequacy review letter dated June 21, 2010 (PAR-3) regarding Permit Revision No. 6 (PR-06).
Our comments take into consideration WFC's revised pages, the reorganized sections and also
comments we have received from Ms. Turner and the Morgans. The Division's comments below are
our suggestions to achieve compliance with the Regulations of the Colorado Mined Land Reclamation
Board for Coal Mining.
It is our understanding that beneficial discussions may be occurring between Ms. Turner, the Morgan's
and WFC as of July 22, 2010. We support and encourage any such discussions. The Division will
consider reasonable compliance and permitting alternatives that may develop from these discussions.
With this letter, we are also transmitting the most recent correspondence received from Ms. JoEllen
Turner. It is a fax dated July 17, 2010, that was received at the Division on July 22, 2010.
The PR-06 decision deadline has been extended to August 15, 2010. WFC has agreed to limit activities
on the Morgan Property to drilling, blasting, overburden and coal removal from those areas stripped of
topsoil and "Bench l." material, as of June 21, 2010. No further topsoil removal, overburden removal,
backfilling, grading, topsoil replacement or seeding is to occur on those prime farmlands. Mining and
reclamation activities will be limited to areas north of the Morgan property until final resolution of the
issues listed in this letter.
Rule 2.03.4 - Identification of Interests
1. In subsection 2.03.4(3)(a), the five Board members are listed. In subsection 2.03.4(3)(b), only
four of the five Board members are listed. Please provide the Relationship of Mr. Bill Bird to
WFC in subsection 2.03.4(3)(b). On Page 2.03-6, under Section 2.03.4(3)(b), WFC lists the
officers for Western Fuels-Colorado and on page 2.03-10, under Section 2.03.4(3)(c), WFC
again lists the officers for Western Fuels-Colorado, is this correct? If this is correct, then please
correct the Starting Dates for the officers which are different under each of the sections.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines