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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 />STATE OF COLORADO <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />17 April 2012 <br />John W. Hickenlooper <br />Governor <br />Ben Langenfeld <br />Mike King <br />Greg Lewicki & Associates <br />Executive Director <br />11541 Warrington Court <br />Loretta E. Pineda <br />Parker, CO 80138 <br />Director <br />Re: New Horizon Mine — Permit No. C- 1981 -008 <br />Minor Revision No. 83 (MR -83) — Update Section 2.03.4 Identification of Interests <br />Preliminary Adequacy Review <br />Dear Mr. Langenfeld: <br />The Division received your application for MR -83, submitted on behalf of Western Fuels - <br />Colorado (WFC), on April 10, 2012. This minor revision to the permit was requested by the <br />Division, in order to reflect changes that have occurred with various Interests, including the Tri- <br />State Board of Directors, WFC's purchase of Colowyo Coal Company, and surface ownership of <br />certain parcels within the permit boundary. <br />The application was deemed complete, for purposes of filing, on April 11, 2012. Public notice of <br />completeness was posted by the Division in accordance with Rule 2.08.4(6)(c)(i). The Decision <br />Due date is April 21, 2012, ten days after the date of completeness. <br />The application package included revised Section 2.03 Legal, Financial, Compliance and Related <br />Information, in its entirety, and an updated Map 2.03.4 -1 Surface Ownership. The Division has <br />reviewed the proposed modifications; adequacy items for your response are listed below. <br />Rule 2.03.4(3) Ownership and Control <br />1. The Applicant Violator System (AVS) lists Douglas Pryce as a Director of Tri-State <br />Generation and Transmission Association; the revised pages provided with MR -83 do not <br />include Mr. Pryce. Please update subection 2.03.4(3)(b) to include him, or provide an <br />end date (mm/dd /yyy) for his departure from the board. <br />2. Please provide the Division with an end date (mm /dd/yyyy) for Harry Goff s departure <br />from the Board of Directors. <br />3. Please revise subsection 2.03.4(3)(b) to include a start date (mm/dd/yyyy) for Rick <br />Newman as a Director of Tri- State. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines <br />