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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 />' ,� SAFETY <br />MINING <br />27 May 2011 <br />John W. Hickenlooper <br />Governor <br />Ross Gubka, P.E. Mike Kin <br />Western Fuels - Colorado Executive Director <br />P.O. Box 628 <br />Loretta E. Pineda <br />Nucla, CO 81424 Director <br />Re: New Horizon Mine (Permit No. C- 1981 -008) <br />2008 Annual Reclamation Report Review (revision) <br />Dear Mr. Gubka, <br />Thank you for your 6 May 2011 response to the Division's review of the 2008 Annual Reclamation <br />Report for the New Horizon Mine. The majority of the review comments have been satisfactorily <br />addressed. <br />There is one item which still needs some clarification. Exhibit 2008 -6, Topsoil Sample Points, illustrates <br />the limits of topsoil replacement accomplished during each year at the New Horizon 2 Mine. The <br />boundaries, labels, and acreages for topsoil replaced in years 1994 through 1996 are somewhat confusing, <br />and are inconsistent with information provided in earlier Annual Reclamation Reports. For example: <br />® For 1994, an area is labeled "Ron Ebberts Phase IV 39.45 AC ". This nomenclature is unique, and it <br />is not clear to which area this label refers. There is also a small box containing the words "94 <br />Topsoil ". <br />• There appears to be an overlap between 1994 and 1995, with a line labeled "95 Topsoil Mined Area <br />Being Reclaimed" lying east of the line labeled, "94 Fall Topsoil Limits ". No acreage is given for the <br />1995 area. A small box south of Stn Road reads "95 Topsoil ". <br />® The area topsoiled in 1996 is labeled on the map as both 25.79 acres and 22.75 acres. There is a <br />small area south of 5"' Road labeled as 1996 on this map, but included with 1995 on earlier versions. <br />Attached to this letter are portions of two separate maps. The first is the most recent version of Exhibit <br />2008 -6, from May 2011. The second is Exhibit 98.5 Topsoil Sample Locations from the 1998 Annual <br />Reclamation Report. The 1998 version seems to provide a clear delineation of what areas were topsoiled <br />between 1994 and 1996. Please review the information presented on these two maps, and any other <br />information that WFC has available, and provide a new version of Exhibit 2008 -6 showing the limits and <br />acreages of topsoil replacement accomplished in each year. <br />Sincerely, <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />Attachments — (2) <br />cc: Sandy Brown, Brock Bowles — DRMS <br />Office of Office of <br />Mined Land Reclamation Denver ® Grand Junction • Durango Active and inactive Mines <br />