2011-10-14_REVISION - C1981008 (5)

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DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866 -3567 FAX: (303) 832 -8106 October 14, 2011 Lance Wade Western Fuels — Colorado, LLC P.O. Box 628 Nucla, Colorado 81424 Re: New Horizon Mine — Permit No. C- 1981 -008 Technical Revision No. 61 (TR -61) — Soil Sampling and Analysis Plan Preliminary Adequacy Review Dear Mr. Wade: Office of Mined Land Reclamation STATE OF COLORADO COLORADO D I V I S I O N O F RECLAMATION MINING — &— n W. 19*FrEoTpyr J G Mike King Executive Director Loretta E. Pineda Director In a letter dated August 8, 2011, the Division transmitted to Western Fuels (WFC) a series of three technical reports prepared by the Office of Surface Mining (OSM). These reports communicated OSM's evaluation of the New Horizon Mine permit, with respect to prime farmland, as approved with PR -06 in 2010. A meeting was convened in Denver on September 27, 2011, with OSM, Natural Resource Conservation Service (NRCS), WFC (including Greg Lewicki and Associates; Key Agricultural Services, Inc. (Key -Ag); and Robert Dunker, Ph.D.) and Division personnel present. A Memorandum of Meeting, documenting the discussion and attendees, was prepared by Chris Kamper, counsel for WFC, on September 27th. In response to OSM's and the Division's determination that additional analysis of soil and overburden was both necessary and warranted for those resources present on the Morgan property, WFC submitted an application for Technical Revision No. 61 (TR -61) on September 30, 2011. The TR -61 application consists primarily of a Sampling and Analysis Plan (SAP) prepared by Key - Ag. The SAP has been incorporated into new Attachment 2.04.9 -10 to the permit. A new map has also been submitted: Map 2.04.9 -3, which shows the Morgan property, the various soil stockpiles, and the proposed sampling locations. To Section 2.04.9 of the Permit (Soil Resource Information), a new Subsection 18 has been added to address the presence of the new Attachment and Map. TR -61 was determined to be Complete for purposes of filing on October 3, 2011. The Public Notice appeared in the San Miguel Basin Forum on October 6, 2011, resulting in the period for public comment extending through Monday, October 17, 2011. Proof of Publication has not yet been received. A copy of the application was provided to Ms. Turner by WFC and electronic copies were forwarded to OSM and to the State Soil Scientist for NRCS by the Division. Notice of the TR -61 application completeness was sent by the Division to the OSM, the NRCS, Montrose County, JoEllen Turner and Michael Morgan, and their counsel. The NRCS provided Office of Denver • Grand Junction • Durango Active and Inactive Mines