2010-08-25_REVISION - C1981008

• Permit No: C1981008
• IBM Index Class Name: Revision
• Doc Date: 8/25/2010
• Doc Name: Adequacy Review No. 5
• From: DRMS
• To: Western Fuels-Colorado
• Type & Sequence: PR6
• 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]
August 25, 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. 5
Dear Mr. Gubka:
COLORADO
D TV IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
A7i3Ff 4
,t i
Executive Director
Loretta E. PiMeda
Director
The Division has reviewed the Western Fuels - Colorado (WFC) August 11, 2010 response to the
Division's fourth adequacy review letter dated July 23, 2010 (AR #4) regarding Permit Revision No. 6
(PR -06). 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 have occurred between Ms. Turner, the Morgan's
and WFC. We continue to support and encourage any such discussions. The Division has considered
reasonable compliance and permitting alternatives that have developed from these discussions.
With the Division's letter dated August 16, 2010, the PR -06 decision deadline has been extended to
August 31, 2010. As described in WFC's August 13, 2010 letter, WFC has agreed to limit activities to
stripping Bench 1 overburden in the areas from which topsoil has previously been removed; rough
grading and stockpiling Bench 1 overburden on the spoil side; drilling and blasting Bench 2 overburden
and interburden; and to mining coal. WFC will not strip or spread A or B or mixed topsoil prior to the
Division's decision to approve PR -06, and all of the Morgan Bench 1 overburden will be placed back on
the Morgan property.
Rule 2.03.4 - Identification of Interests
Certain corrections have been made to subsection 2.03.4(3), but start dates given in the two
sections are contradictory. Rule 2.03.4(3)(a) requires only the name and address of each person
who owns or controls the applicant. In order to eliminate potential confusion, please delete the
title and start/term dates for the five people listed in 2.03.4(3)(x); this information is already
provided in (b) and (c).
1A. Previously resolved.
Rule 2.03.6 — Right of Entry and Operation Information
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines