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STATE OF COLORADO <br />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 />December 5, 2012 <br />David Anderson, P.L.S. <br />Western Fuels- Colorado, LLC <br />12050 N. Pecos Street, Suite 100 <br />Westminster, CO 80234 <br />Re: New Horizon North Mine — Permit No. C- 2010 -089 <br />NOV No. CV- 2012 -006 <br />Termination of NOV <br />Dear Mr. Anderson: <br />The Division has terminated the subject NOV, effective December 5, 2012. A formal <br />Termination Notice documenting this action is enclosed with this letter. <br />COLORADO <br />D IV IS t ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Abatement Step #1 was satisfied on October 23, 2012, when topsoil salvage operations were <br />brought to a halt. Abatement of Step #2 was accomplished on November 30, 2012 when the <br />Division was notified by WFC that construction of the pond had been completed. Abatement <br />Step #3 was satisfied on December 5, 2012 when the Division determined that the as -built <br />certification (received on December 3, 2012) will be reviewed as a Minor Revision (MR -02) to <br />the permit. <br />Please contact me with any questions regarding this matter. <br />Sincerely, <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />Enclosure — (1) <br />cc: Sandy Brown, DRMS <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />