2012-10-17_REVISION - C1981008

• Permit No: C1981008
• IBM Index Class Name: Revision
• Doc Date: 10/17/2012
• Doc Name: Adequacy Review
• From: DRMS
• To: Western Fuels Colorado
• Type & Sequence: SL13
• Email Name: MLT
• Email Name: SB1
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
17 October 2012
John W. Hickenlooper
Governor
Ross Gubka, P.E.
Mike King
Western Fuels- Colorado, LLC
Executive Director
P.O. Box 628
Nucla, CO 81424
Loretta E. Pineda
Director
Re: New Horizon Mine (Permit No. C- 1981 -008)
Bond Release Application No. 13 (SL -13)
Preliminary Adequacy Review
Dear Mr. Gubka:
Western Fuels- Colorado, LLC (WFC) has applied for release of reclamation liability for portions of the
permit area at the New Horizon Mine. The office of Greg Lewicki & Associates submitted WFC's
application for SL -13 to the Division on May 9, 2012. WFC published Public Notice of the application,
as required by Section 3.03.2(1), in the San Miguel Basin Forum on May 31 and June 7, 14, and 21, 2012.
Proof of Publication was submitted to the Division on June 11, 2012.
Written notice of the application was provided by WFC to adjoining landowners, surface owners, and
governing bodies, as required by 3.03.2(1)(a). The Division found the application to be incomplete on
July 3, 2012. Upon submittal of the notarized statements required by 3.03.2(1)(e) on July 16, 2012, the
Division determined that the application was complete for purposes of filing, and notified WFC of its
determination.
SL -13 requests Phase I release for 100.16 acres that have been backfilled and graded and Phase III release
for 7.22 acres of reconstructed county road and right -of -way. Surface ownership of the Phase I areas is
by Carl and Teresa Benson and WFC. Montrose County has jurisdiction over the roadways included in
the Phase III portion of the application.
A bond release inspection was scheduled for August 14, 2012. The Division notified WFC, the Bensons,
Montrose County, and the Office of Surface Mining of the date and time of the inspection. Mr. Benson
participated in the Phase I segment of the inspection; Montrose County did not attend. The Division's
report, documenting the discussions and observations that occurred during the inspection, was issued on
September 6, 2012.
A number of objections to and comments on the application were received by the Division between May
23 and June 29, 2012. These comments were subsequently forwarded to WFC, as required by 3.03.2(3),
in two separate transmittals: on June 11 and July 13, 2012. None of the objectors requested that an
informal conference be held to address their concerns.
Adequacy Comments
The Division has conducted an adequacy review of the SL -13 bond release request; a list of items
requiring a response is provided, below. (The text portion of the application, Pages 1 through 9, generally
follows the outline provided in the Division's April 18, 1995, "Guideline Regarding Selected Coal Mine
Bond Release Issues ".)
Office of Office of
Mined Land Reclamation Denver • Grand )unction a Durango Active and Inactive Mines