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STATE OE 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 />Re: New Horizon Mine — Permit No. C- 1981 -008
<br />TR -62 — Field Modifications to Soil Sampling and Analysis Plan
<br />Preliminary Adequacy Review
<br />Dear Mr. Gubka:
<br />A Soil Sampling and Analysis Plan (SAP) for soil resources on the Morgan property was
<br />approved by the Division, under TR -61, on November 21, 2012. The field work associated with
<br />the SAP was accomplished on November 22 and December 12 -14, 2012. During the December
<br />effort, certain field modifications to the plan were made. The Division requested that WFC
<br />submit a Technical Revision application in order to incorporate those modifications and
<br />supporting documentation into the permit for the New Horizon Mine.
<br />The Division received WFC's application for TR -62, prepared by Greg Lewicki & Associates,
<br />on February 15, 2012. The package included an application form, the proposed public notice, a
<br />Technical Memorandum prepared by Key Agricultural Services (Key -Ag), a copy of the Mine
<br />Site Evaluation distributed in January 2012 by the Office of Surface Mining, and Map 2.04.9 -4,
<br />which identifies the various stockpiles that were sampled. A few modifications were made to the
<br />Public Notice, and the Division deemed the application complete, for purposes of filing, on
<br />February 23, 2012. In addition to WFC, the Division mailed notices of Completeness to the
<br />Office of Surface Mining (OSM); the Natural Resources Conservation Service (MRCS) State
<br />Soil Scientist; Montrose County; JoEllen Turner and Michael Morgan; Chris McAnany, attorney
<br />for Turner - Morgan; and Chris Kamper, attorney for WFC.
<br />On March 29, 2012, WFC submitted to the Division a Receipt from the County Clerk's Nucla
<br />office confirming that the application had been placed there for public review on February 27,
<br />2012. The Public Notice appeared in the Thursday, March 1, 2012 edition of the San Miguel
<br />Basin Forum. In accordance with Rule 2.08.4(6)(b)(ii), a ten -day period for public comment
<br />commenced on that date, and came to a close at end -of- business on Monday, March 12, 2012.
<br />WFC submitted the Proof of Publication on March 27, 2012.
<br />Office of Office of
<br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines
<br />John W. Hickenlooper
<br />28 March 2012
<br />Governor
<br />Mike King
<br />Ross Gubka, P.E.
<br />Executive Director
<br />Western Fuels- Colorado, LLC
<br />Loretta E. Pineda
<br />P.O. Box 628
<br />Director
<br />Nucla, CO 81424
<br />Re: New Horizon Mine — Permit No. C- 1981 -008
<br />TR -62 — Field Modifications to Soil Sampling and Analysis Plan
<br />Preliminary Adequacy Review
<br />Dear Mr. Gubka:
<br />A Soil Sampling and Analysis Plan (SAP) for soil resources on the Morgan property was
<br />approved by the Division, under TR -61, on November 21, 2012. The field work associated with
<br />the SAP was accomplished on November 22 and December 12 -14, 2012. During the December
<br />effort, certain field modifications to the plan were made. The Division requested that WFC
<br />submit a Technical Revision application in order to incorporate those modifications and
<br />supporting documentation into the permit for the New Horizon Mine.
<br />The Division received WFC's application for TR -62, prepared by Greg Lewicki & Associates,
<br />on February 15, 2012. The package included an application form, the proposed public notice, a
<br />Technical Memorandum prepared by Key Agricultural Services (Key -Ag), a copy of the Mine
<br />Site Evaluation distributed in January 2012 by the Office of Surface Mining, and Map 2.04.9 -4,
<br />which identifies the various stockpiles that were sampled. A few modifications were made to the
<br />Public Notice, and the Division deemed the application complete, for purposes of filing, on
<br />February 23, 2012. In addition to WFC, the Division mailed notices of Completeness to the
<br />Office of Surface Mining (OSM); the Natural Resources Conservation Service (MRCS) State
<br />Soil Scientist; Montrose County; JoEllen Turner and Michael Morgan; Chris McAnany, attorney
<br />for Turner - Morgan; and Chris Kamper, attorney for WFC.
<br />On March 29, 2012, WFC submitted to the Division a Receipt from the County Clerk's Nucla
<br />office confirming that the application had been placed there for public review on February 27,
<br />2012. The Public Notice appeared in the Thursday, March 1, 2012 edition of the San Miguel
<br />Basin Forum. In accordance with Rule 2.08.4(6)(b)(ii), a ten -day period for public comment
<br />commenced on that date, and came to a close at end -of- business on Monday, March 12, 2012.
<br />WFC submitted the Proof of Publication on March 27, 2012.
<br />Office of Office of
<br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines
<br />
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