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August 7, 2012 <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division <br />Permits & Enforcement Section <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80246 — 1530 <br />RE: WET Test Failure Outfall 013, New Horizon Mine, Permit No. CO- 0000213. <br />ATTN: Ms. Kelly Morgan <br />The second semiannual chronic WET Testing on Outfall 013 has passed all but the <br />Ceriodaphnia dubia reproduction section of the test. The SeaCrest Group notified <br />Western Fuels via a telephone conversation of the results on August 1, 2012. <br />Accelerated testing was immediately scheduled, with sampling kits shipped to the site. <br />The accelerated testing is commencing on August 6 for the Ceriodaphnia only as <br />stated in Permit CO- 0000213, Part I, 4b, c, "conduct accelerated testing using the <br />single species found to be more sensitive." Western Fuels will forward your <br />Department the accelerated test results as they become available. <br />If you have any questions or comments please contact me at 970.864.7590, or email <br />tfry@wfcnucla.org. <br />Thomas D. Fry <br />Mine Engineering Technician <br />Cc: Marcia Talvitie, CDRMS, Durango, Colorado - email <br />l.DMRS, Coal Program Support Program, Denver, Colorado <br />Dave Anderson, Western Fuels Colorado, Denver - email <br />Chantell R. Johnson, Tri -State G &T - email <br />File <br />