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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />COLORADO <br />Denver, Colorado 80203 <br />C IV I <br />DSION OF <br />Phone: (303) 866 -3567 <br />RECLAMATION <br />FAX: (303) 832 -8106 <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />July 16, 2012 Governor <br />Mike King <br />Ross L. Gubka, P.E. <br />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 />Post - Mining Topography — West of 2700 Road <br />Review of Information Submitted <br />Dear Mr. Gubka: <br />The Division's inspection report for the March 15 & 16, 2012 inspection of the New Horizon <br />Mine, included the following request: <br />Please provide the Division with current elevation data for the replaced spoil and /or <br />surface spoil and /or topsoil on the Morgan and WFCparcels so that the mine's <br />compliance with the approved Post - Mining Topography can be assessed. This data <br />should be provided in the form of point elevations shown on a map, with an associated <br />table describing the surface that was measured and the anticipated thicknesses of surface <br />spoil /subsoil /topsoil that have yet to be placed. The base map used should also include <br />the contour lines for the approved PMT. <br />Topographic information was received, in map form, from Western Fuels on June 15, 2012. The <br />map provided two sets of contour lines: one representing the post- mining topography as <br />approved in the permit (red), and the other depicting topographic conditions as they currently <br />exist (black). Your cover letter explained that topsoil thicknesses have been subtracted from <br />both, with the result that the approved and actual graded backfill (Bench 1) surfaces are being <br />compared. The Division has reviewed the data provided, and makes the following observations: <br />1) On the Morgan property, much of the reclamation appears to be about 5 feet higher than <br />that which was approved in the permit (Map 2.05.4 -1 -2). Two zones are as much as 10 <br />feet higher than the approved contours. The western edge of the area backfilled to date <br />correlates with the elevations shown in the permit. <br />2) For the areas north of BB Road, the elevations at the eastern end are marginally higher <br />than those shown on Map 2.05.4 -1 -2. The remainder of the backfill tends to be lower, <br />rather than higher, than what has been approved. <br />Office of Office of <br />Mined Land Reclamation Denver m Grand Junction • Durango Active and Inactive Mines <br />