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STATE OF COLORADO <br />DIVISION OF'RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />- St- <br />SAFETY <br /> Bill Ritter, Jr. <br />October 26, 2010 Governor <br /> Mike King <br />Assistant State Supervisor Executive Director <br />Fish and Wildlife Enhancement <br />U <br />S <br />Fish and Wildlife Service Loretta E. Pineda <br />. <br />. Director <br />764 Horizon Drive, South Annex A <br />Grand Junction, CO 81506-3904 <br />Re: New Horizon North Mine (Permit No. C-2010-089) <br />New Permit Application <br />Dear Sir or Madam: <br />The Division of Reclamation, Mining and Safety hereby issues notice, in accordance with Title 34, Article 33, <br />Section 118, Paragraph 3 of the Colorado Revised Statutes, that on October 25, 2010, an application for a permit to <br />conduct coal mining operations at the New Horizon North Mine was considered complete for the purposes of <br />filing. All review and comment periods as provided in the Colorado Surface Coal Mining Reclamation Act and <br />the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining initiate from this date <br />of filing. <br />The applicant, Western Fuels-Colorado, LLC, proposes to conduct surface coal training operations on land located <br />approximately 2.5 miles northwest of Nucla. The permit area is further described as follows: <br />Section 25 and 36, 'Township 47 North, Range 16 West, New Mexico Prime Meridian <br />The applicant proposes to develop a new surface coal mine covering approximately 322 acres in the western half <br />of Section 25. Surface and mineral ownership is private. Current land uses are generally agricultural in nature, <br />and include irrigated and dryland pasture and grazing land. The proposed post-mining land uses are irrigated and <br />dryland pasture. The permit area also includes an equipment haul corridor which connects to the currently active <br />New Horizon 2 Mine (see attached photo). <br />The above-mentioned tracts of land are shown on USGS 7.5 minute Quadrangle map of Nucla. <br />The Division is coordinating with the Office of Surface Mining on evaluation of the potential for impacts to <br />threatened or endangered species of plants or animals, or wildlife species otherwise protected by federal law. In <br />order for us to approve this permit, we are required to make a finding that "the activities would not affect the <br />continued existence of endangered or threatened species or result in the destruction or adverse modification of <br />their critical habitats as determined under the Endangered Species Act of 1973". The OSM will prepare the <br />biological assessment necessary for approval based on the information provided in the application, and OSM will <br />coordinate with your office if necessary. This coordination is required to ensure mitigation of potential impacts to <br />federally protected wildlife species. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines