2010-09-16_ENFORCEMENT - C1981008

• Permit No: C1981008
• IBM Index Class Name: Enforcement
• Doc Date: 9/16/2010
• Doc Name: DRMS Review of Soil Suitability Data
• From: DRMS
• To: Western Fuels Colorado
• Violation No.: CV2010003
• 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]
16 September 2010
Ross Gubka, P.E.
Western Fuels - Colorado, LLC
P.O. Box 628
Nucla, CO 81424
Re: New Horizon Mine — Permit No. C- 1981 -008
Termination of Notice of Violation No. CV- 2010 -003; and
Summary of Topsoil and Subsoil Sampling and Analysis - 2009 and 2010
Dear Mr. Gubka:
Termination of Violation
COLORADO
D IV I$ I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
James B. Martin
Executive Director
Loretta E. Pi6eda
Director
On 15 September 2010, the Division terminated CV -2010 -003. The Termination Notice is
attached to this letter, for your records. Payment of the Civil Penalty was received on 9 Aug
2010, and Western Fuels- Colorado (WFC) satisfied each of the three abatement steps with the 17
Aug 2010 submittal of a soil investigation report prepared by Walsh Environmental Scientists
and Engineers, LLC (Walsh). The report documents the results of supplemental topsoil and
subsoil sampling and analyses that were conducted on materials placed on the Lloyd and Morgan
properties in 2009.
Topsoil and Subsoil Sampling and Analysis — Current and Proposed
The Walsh report represents the third sampling program undertaken, to date, on the subject
topsoil and subsoil. Results of previous efforts were submitted to the Division on 1 Feb 2010
(with the 2009 Annual Reclamation Report) and on 20 May 2010 (in a supplemental report
prepared by Lambert and Associates).
Soil suitability parameters and levels thereof are specified in Table 2.05.4(2)(d) -1 of the current
permit, and were established with the approval of TR -57 in March 2009. The three soil sampling
and analysis programs listed above have been conducted to satisfy the requirements of this table.
In November 2009, WFC submitted an application for Permit Revision No. 6 (PR -06). Division
review of the application is currently ongoing, but the eventual approval of this revision will
result in numerous changes being made to the soil suitability criteria.
The Division has reviewed the soil analysis data provided with the three reports, and evaluated
the suitability of the results using both the currently approved criteria and those proposed with
PR -06. The results are compiled and presented in three separate spreadsheets, also attached to
this letter. Each spreadsheet represents one abatement step, as enumerated in the NOV.
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