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STATE OF COLORADO <br />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 />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />October 31, 2011 John W. Hickenlooper <br />Governor <br />Mike King <br />Lance Wade Executive Director <br />Western Fuels — Colorado, LLC Loretta E. Pineda <br />P.O. Box 628 Director <br />Nucla, Colorado 81424 <br />Re: New Horizon Mine — Permit No. C- 1981 -008 <br />Technical Revision No. 61 (TR -61) — Soil Sampling and Analysis Plan <br />Preliminary Adequacy Review No. 2 <br />Dear Mr. Wade: <br />A Preliminary Adequacy Review for Technical Revision No. 61(TR -61) was issued to Western <br />Fuels Colorado LLC (WFC) by the Division on October 14, 2011. That letter included two <br />attachments: an October 14, 2011 review letter from the OSM, and a written objection received <br />from Ms. JoEllen Turner. On October 24, 2011, Greg Lewicki and Associates, on behalf of Western <br />Fuels, submitted a response to the Preliminary Adequacy Review. The package included revised <br />pages of the permit text, an updated Sampling and Analysis Plan from Key -Ag, and revised Map <br />2.04.9 -3. <br />The OSM has reviewed the adequacy response package. Their review letter, dated October 28, <br />2011, is attached to this letter. <br />The Division has also reviewed the October 24 I response to the October 14, 2011 Preliminary <br />Adequacy Review (PAR) of the TR -61 application. No new adequacy items were identified; the <br />original items are listed below, for continuity. <br />1. Section 2.04.9 — Subsection 18 <br />a) Subsection 18 has been entitled, "2011 Topsoil and Stockpile Sampling Program ". In order <br />to be consistent in the terminology used, please revise the title of Subsection 18 to read as <br />follows: "2011 Soil Sampling and Analysis Plan ", and revise the Table of Contents <br />accordingly. <br />b) In the first paragraph of Subsection 18, please revise the second line to read, "...WFC has <br />contracted Key Agricultural Services, Inc. (Key -Ag) to prepare and conduct a sampling and <br />analysis plan for the ..." <br />c) Please modify the second paragraph of Subsection 18 to read as follows: "The Sampling <br />and Analysis Plan (SAP) prepared by Key -Ag can be found in Attachment 2.04.9 -10." <br />Subsection 18 was revised as requested by these three items. Responses accepted. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />