2011-01-05_APPLICATION CORRESPONDENCE - C2010089

• Permit No: C2010089
• IBM Index Class Name: Application Correspondence
• Doc Date: 1/5/2011
• Doc Name: Preliminary Adeqacy Review Part 2
• From: DRMS
• To: Western Fuels Association
• 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]
5 January 2011
Murari Shrestha, P.E.
Western Fuels Association, hie.
1100 W 116 Ave.
Westminster, CO 80234
Re: Permit Application Number C -2010 -089 — New Horizon North Mine
Preliminary Adequacy Review (Part 2)
Dear Mr. Shrestha,
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
Western Fuels — Colorado (WFC) has submitted a Permit Application Package (PAP) for the
proposed New Horizon North (NHN) Mine in western Montrose County. The Division issued
Part 1 of the Preliminary Adequacy Review on 23 December 2010.
Remaining adequacy issues are addressed in this letter, and continue to be organized by the
numbering system used in the Regulations of the Colorado Mined Land Reclamation Board for
Coal Mining. Where Part 2 adds items under a given rule which are in addition to those listed in
Part 1, the identifying numbers are added so as to continue the original sequence.
2.03 — LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION
2.03.6 - Right of Entry and Operation Information
1. The first sentence of Subsection 2.03.6(1) requires that the application contain a complete
and detailed legal description of the proposed permit boundary.
b) The legal description does not clarify whether the proposed mining area in the W % of
Section 25 is exclusive of the four County Road rights -of -way that circumscribe the
area. The permit boundary, as depicted on Map 2.04.3 -1 (and others) appears to
incorporate the entirety of the %Z- section, including portions of the four County Roads.
Please review the information provided with the permit, to ensure that it represents
WFC's intentions. If the county roads are to be included within the permit boundary,
please provide supporting documentation from Montrose County agreeing to such
incorporation. If the roads are not to be incorporated into the permit area, please revise
the permit boundary, maps, and legal description accordingly. (The Division suggests
that the permit boundary be established at or outside of the County Road rights -of -way,
and th th distufberl area bo nd b fi at 100' ft th t �A o f
-
way.)
Office of Office of
Mined Land Reclamation Denver • Grand Junction Durango Active and Inactive Mines