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1 of 6 <br />17 January 201 <br />Certified Receipt: 7010 0780 0000 1758 6518 <br />Mr. Dave Berry <br />Western Fuels-Colorado Director, Coal Regulatory Program <br />P.O. Box 628 Colorado Division of Reclamation Mining and Safety <br />Nucla, Colorado 81424 1313 Sherman St. Room 215 <br />Denver, Colorado 80203 <br />Telephone 970/864-2165 <br />Fax 970/864-2168 RE: Ten Day Notice Dated 12 January 2011 <br />Dear Mr. Berry: <br />On 14 January, 2011, during a mine inspection of the New Horizon Mine, Ms Marcia L. <br />Talvitie from DRMS informed me of the Ten Day Notice your office received. She asked if <br />the Mine had any climatology data for the month of December 2011 that would show <br />amounts of precipitation. She also asked if WFC had records that showed approximate <br />volumes of Prime Farmland Topsoil that had been removed from the Frank Morgan field <br />during that same period. I answered that WFC did keep records of the requested data and <br />that we would gladly provide the information to the Division. Ms. Talvitie's last request was <br />for us to make a statement to where WFC had placed the topsoil removed during the month <br />of December 2010. Attached to this letter is Attachment 1 that shows the inches of <br />precipitation for the month of December 2010 plus the first thirteen days of January 2011. <br />You can also see the days and approximate BCY of topsoil, by soil horizon that was <br />removed from the Morgan field. The entire volume of Prime Farmland Lift "A" & "B" was <br />hauled directly to their respective topsoil stock piles during December 2010 and the first <br />thirteen days of January 2011. 1 accompanied Ms. Talvitie to the field to visually verify this. <br />I have also attached some digital photos of WFC's shovel loading trucks with the "A" zone <br />topsoil. Dates of the photos are 28 December 2011 and can be seen in Attachment 2. <br />If I can be of further assistance, please call. <br />Sine y, <br />Yd <br />oss Gu a, <br />Chief Engi r <br />Xc: Chris Kamper <br />DRMS- TEN DAY NOTICE JAN 2011.doc