2011-08-08_GENERAL DOCUMENTS - C1981008

• Permit No: C1981008
• IBM Index Class Name: General Documents
• Doc Date: 8/8/2011
• Doc Name: DRMS Letter with OSM Reports
• From: DMRS
• To: Western Fuels Colorado
• Permit Index Doc Type: General Correspondence
• Email Name: DAB
• Email Name: SB1
• Email Name: MLT
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
August 8, 2011
Mr. Lance Wade
Mine Manager
Western Fuels – Colorado
P.O. Box 628
Nucla, CO 81424
Dear Mr. Wade:
STATE OF COLORADO
RE: New Horizon Mine - Permit No. C -1981 -008 – Office of Surface Mining
The Division of Reclamation Mining and Safety (Division) has received a letter dated August 1,
2011, which transmits three technical reports prepared by the Office of Surface Mining
Reclamation and Enforcement (OSM). The reports detail OSM's technical evaluation of the
prime farmland reclamation plans included within the New Horizon Mine Permit, as revised by
Revision No. 6 (PR6). A copy of the letter and technical reports is attached for your information.
The OSM review was conducted in response to citizen complaints received by OSM and for
which Ten -day Notices (TDNs) have either been issued to the State or are currently under review.
The technical reviews evaluate the adequacy of the prime farmland reclamation plans against
requirements included within the Colorado state regulations (for specific references to the
applicable state regulatory requirements, please refer to the attached OSM reports). OSM has
determined there is not sufficient data within the permit to satisfy the requirements of Rules
2.04.9(1), 4.25.3(1), 4.25.3(2), 2.06.6(2)(d), 2.04.9(3), 4.06.2(4)(a), 2.06.6(4)(c), 4.06.2(3),
4.25.4(4), 2.06.6(2)(a)(ii), 4.05.8(1), 2.03.3, 2.06.6 and 4.25.5 of the Colorado Rules and
Regulations.
The OSM review was based on the soiUoverburden data and reclamation plans provided within
the New Horizon Mine permit. As determined within the technical evaluation, among other
things, OSM identifies concerns with the limited data available to authorize use of Bench 1
overburden for prime farmland reclamation, as well as use of a plan that allows extensive mixing
of higher quality B horizon soils with lower quality C horizon soils, for restoring the agricultural
capability of the prime farmland soils that existed prior to mining. As addressed within the OSM
reports, primary among these concerns are elevated Electrical Conductivity (EC) within the
Bench 1 overburden materials and elevated calcium carbonates and rock fragments within the C
horizon materials. OSM has also questioned the validity of the soil suitability criteria and the
reclamation soils sampling plans included within the permit, as well as the technical /scientific
soundness of the yield standard that has been approved for use in demonstrating revegetation
success on the prime farmlands.
In consideration of the findings included within the OSM technical evaluation reports, the
Division has determined that additional soil and overburden sampling and subsequent data
analysis must be provided by WFC to adequately determine the suitability of:
Office of
Mined Land Reclamation
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
— &—
SAF ETY
John W. Hickenlooper
Govemor
Mike King
Executive Director
Loretta E. Pineda
Director
Office of
Denver • Grand Junction • Durango Active and Inactive Mines