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October 18, 2011 <br />)1( Greg Lewicki And Associates, PLLC <br />11541 Warrington Court Phone: (303) 346 -5196 Fax (303 )-346 -6934 <br />Parker, CO USA 80138 E -Mail: info @lewicld.biz <br />Sandy Brown <br />Colorado Division of Reclamation, Mining, and Safety <br />1313 Sherman Street, Rm 215 <br />Denver, Co 80203 <br />RE: TR -61 Preliminary Adequacy Review <br />CC: Rick Williamson, OSM <br />Dave Berry, DRMS <br />Lance Wade, WFC <br />Chris Kamper <br />Aaron DeJoia, Key -Ag <br />Western Fuels- Colorado has a number of questions regarding the adequacy review of Technical <br />Revision 61 of the New Horizon Mine permit C -81 -008. These questions deal with the Office of <br />Surface Mining (OSM) review letter provided to WFC as part of the Division's adequacy review. <br />It is unclear under the heading Soil Suitability Criteria/Requirements what OSM is questioning <br />from the TR -61 application. TR -61 deals only with the Soil Sampling and Analysis Plan (SAP) <br />that is to be conducted on the Morgan property in order to have more information regarding the <br />condition of undisturbed, stockpiled, and redistributed soils. The soil chemical and physical <br />parameters that will be sampled and analyzed for are based on USDA Forest Service User Guide <br />to Soils (1979), the USDA Forest Service General Technical Report INT -68, and consultation <br />with DRMS, NRCS (Natural Resource Conservation Service), and OSM. WFC requests <br />clarification from the Division and OSM as to what elements of the sampling and analyzing <br />criteria are specifically deficient. WFC did not intend for soil suitability criteria to be discussed <br />or reviewed as part of TR -61, since it is out of the scope of the objectives of TR -61. We <br />appreciate your time regarding this manner and look forward to hearing back from the Division <br />as soon as possible so that we can ensure we answer all of your questions in a timely manner. <br />Sincerely, <br />Ben Langenfeld, Project Engineer <br />Greg Lewicki and Associates <br />