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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 />May 29, 2012 <br />Mr. Bode Porter <br />11422 Northcross Lane <br />San Angelo, TX 76904 <br />Re: New Horizon Mine, Permit No. C- 1981 -008 <br />Response to May 18, 2012 Letter <br />Dear Mr. Porter: <br />On May 21, 2012, the Division of Reclamation, Mining and Safety (DRMS) received a copy of your <br />letter dated May 17, 2012 from the Office of Surface Mining (OSM). Please note that DRMS did not <br />receive the first page of the May 17, 2012 letter prior to receiving it from OSM on May 21, 2012. <br />However, DRMS did receive the second page of your letter on May 18, 2012 with a separate letter <br />received from another individual. DRMS also received your second undated letter on May 22, 2012. <br />Both letters are attached here, and the letters are now part of the DRMS public record. The first page of <br />your May 17, 2012 letter refers to an operating mine, and the second page of your May 17, 2012 letter <br />states an objection to a proposed mine. The complaint regarding the active mine is addressed here, and the <br />objection matter will be addressed by separate correspondence. <br />DRMS assumes that the first page of the May 17, 2012 refers to the New Horizon Mine, Permit No C- <br />1981 -008 operated by Western Fuels- Colorado, LLC (WFC). You indicate concerns regarding mine <br />compliance related to reclamation, backfilling and grading, spoil and soil management and right of entry. <br />Your concerns parallel those previously submitted by a local landowner. The mine is inspected <br />frequently, most recently on May 3 and May 21, 2012. The issue of reclamation plan compliance <br />(including backfilling and grading, spoil and soils management) is monitored closely, and as of the last <br />inspection, no violations were noted. Mine site inspection is ongoing and compliance is reevaluated with <br />each inspection. <br />Your letter also indicates a concern regarding legal right -of -entry for the former San Miguel Property <br />located within the New Horizon Mine permit. DRMS is investigating this matter in response to <br />information received from the current landowner representative. <br />Please feel free to contact me with any questions. <br />Sincerely, - <br />7 Di4C Berry <br />Director, Office of Mined Land reclamation <br />Cc: OSM <br />WFC <br />Mined Land Reclamation <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />John W Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta Pineda <br />Director <br />Office of Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />