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TDN #X11-140-182-001 <br />New Horizon Mine <br />January 20, 2011 <br />Page 2 <br />WFC also provided a tabulation of temperature and precipitation data from December 1, 2010 through <br />January 16, 2011 in their letter dated 17 January 2011. Photos of topsoil salvage on December 28, 2010 <br />are also attached to the letter. Based on the climatid data and the topsoil salvaging photos WFC <br />provided, there is no evidence of saturated soil conditions. <br />It is our finding that the alleged violations do not exist. Western Fuels-Colorado is in compliance with <br />Rules 4.06.2, 4.06.3 and 2.05.4 and is in compliance with their permit, Permit No. C-1981-008. <br />Please contact me if you have additional questions. <br />Sincerely j <br />avid A erry <br />Director, Office of Mined Land Reclamation <br />C. Mr. Lance Wade, New Horizon Mine Manage',r w/t attachments <br />Attachments <br />DRMS Inspection Report from January 14, 2011 <br />Western Fuels-Colorado Letter dated January 17, 2011