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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1 313 Sherman St„ Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />17 December 2012 <br />Douglas C. White, P.E. <br />Director of Technical Services <br />Western Fuels Association, Inc. <br />12050 N. Pecos Street, Suite 100 <br />Westminster, CO 80234 <br />Re: New Horizon North Mine (Permit No. C- 2010 -0$9) <br />Minor Revision No. 2 (MR -02) & Technical Revision No. 1 (TR -01) <br />Pond NHN -001 As- Built Certification - Preliminary Adequacy Review <br />Dear Mr. White: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hiekonlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The application for MR -02 was received by the Division on 03 December 2012, and was deemed <br />complete, for purposes of filing, on the same day. With MR -02, WFC has provided as- <br />constructed documentation and certification for Sedimentation Pond NHN -001. <br />The Division has conducted a preliminary adequacy review of the materials submitted with MR- <br />02. We note that a number of changes to the original Arcadis design have been made, and <br />believe that review and approval of these changes would be more appropriately handled under <br />the Technical Revision (TR) process rather than as a Minor Revision (MR). We therefore <br />request that Western Fuels submit an application form for a TR, together with a letter requesting <br />that MR -02 be withdrawn. (There is no need to resubmit the original pages and map with the <br />TR -01 application, although a proposed Public Notice must be provided.) <br />The following section itemizes the adequacy comments made by the Division as a result of our <br />review of the MR -02 application. Please prepare and submit a response package addressing each <br />of these issues. <br />Rule 2.05.3(4) and 4.05.9 Ponds and Impoundments <br />Surface Water Hydrology <br />1. The designs (SEDCAD runs) submitted for the NHN -001 pond as -built indicate that the <br />primary discharge structure is a perforated riser, with 2" holes at the 5671.5' elevation. <br />Map 2.05.3(4) -6 and the photographs provided by the operator on December 6, 2012 <br />indicate that the primary spillway is a drop inlet riser at 5675.5' with two 6" gated weep <br />holes at 5671.5'. Since these weep boles are gated, two designs should be run - one <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines <br />