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Mr. David Berry <br />Director, Coal Regulatory Program <br />Colorado Division of Reclamation. Mining and Safety <br />1313 Sherman St. Room 215 <br />Denver, Colorado 80203 <br />March 5. 2012 <br />Re: Technical Review Finding — Permit Revision Application TR -62: Deviations to Western <br />Fuels- Colorado's Proposed Soil/Overburden Sampling and Analysis Plan <br />New Horizon Mine — Permit Number C-1981 -008 <br />Dear Mr. Berry: <br />In a letter dated February 23, 2012. the Division of Reclamation, Mining and Safety (DRMS) <br />notified me that Technical Revision No. 62 (TR -62) had been deemed by the state to be <br />'complete' for the purposes of filing. This permit revision application had been submitted to <br />DRMS by Western Fuels — Colorado (WFC), the permittee for the New Horizon Mine. The <br />proposed TR -62 permit revision application addressed proposed modifications to the soil <br />sampling plans within the TR -61 permit revision approved by the state on November 21. 2011. <br />Please be advised that OSM has completed a technical review of the TR -62 permit revision <br />application and has found that the plans and procedures outlined therein are, in our view, in <br />accord with the Colorado Regulations at 2.04.9 and 2.06.6. For your records I have attached a <br />copy of an OSM technical review report relevant to this matter. <br />Should you have any questions related to the findings discussed above. please contact me by <br />phone at 303 - 293 -5047. or via email at rlwilliamson i OSMRE.gov. <br />1 <br />Sincerely. r <br />Rick Williamson <br />Manager. Indian Program Branch <br />Program Support Division <br />