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REPLY TO <br />ATTENTION OF <br />DEPARTMENT OF THE ARMY <br />U.S. ARMY ENGINEER DISTRICT, SACRAMENTO <br />CORPS OF ENGINEERS <br />1325 J STREET <br />SACRAMENTO CA 958142922 <br />Regulatory Division SPK- 2012 -129 <br />Mr. David Anderson <br />Western Fuels Association, Inc. <br />12050 North Pecos Street, Suite 100 <br />Westminster, Colorado 80234 <br />Dear Mr. Anderson: <br />January 2, 2013 <br />RECEIVED <br />AN 0 4 2013 <br />DIVISION OF RECLAMATION <br />MINING AND SAFETY <br />We are writing in response to your December 10, 2012 request for a Preliminary <br />Jurisdictional Determination (JD) for the Western Fuels- Colorado, LLC New Horizon North <br />Mine Expansion Area project, submitted on your behalf by Kent Crofts, IME. The project is <br />located within the west V2 Section 25, Township 47 North, Range 16 West, New Mexico Principal <br />Meridian, Latitude 38.29831 °, Longitude - 108.58929 °, Montrose County, Colorado. <br />Last winter your consultant, Mr. Kent Crofts, submitted a wetland delineation for this site. <br />On January 25, 2011 Nathan Green, from this office, met on site with you, Mr. Ross Gubka, and <br />Mr. Crofts. Mr. Green explained the process of verification of wetland delineations and the <br />permitting process for Individual Permits. In order to verify the accuracy of the delineation a <br />representative of this office often must make a site visit to review the boundaries based on the <br />flags in the ground, during the growing season. Mr. Crofts was informed that the site must be <br />flagged and once done would be field verified in the spring of 2012. Mr. Green also informed <br />Mr. Crofts that, in order to expedite this process, the delineation boundaries could be verified if <br />the site were flagged, a delineation map was completed, and the data sheets made available, even <br />if the full report was not complete at the time. According to the delineation report, the <br />delineation and flagging was completed on July 12, 2012, yet there was no request for <br />verification of this delineation until the receipt of this report on December 10, 2012. <br />Unfortunately, we are unable to verify this delineation until the growing season of 2013. <br />Additionally, we are enclosing an email, originally sent by me to our list of wetland <br />consultants on January 9, 2012 (Enclosure 1). The email states the following: "Please be aware <br />that incomplete JD submittals will be returned, unflagged sites will not be field verified, and <br />requests for verification will not be completed until required information is provided and Corps <br />field verification during the growing season can be achieved. "; and "4. JD & Application <br />Submittals: All requests received by our offices are date stamped and distributed for processing. <br />Please assist us by ensuring that all documents and drawings are legible and reproducible (i.e. <br />legible font size, double -sided documents, numbered pages, and labeled photos). Please do not <br />use binders as our files do not accommodate them. " Portions of the delineation report are not <br />double- sided, pages are not numbered, and the report was contained in a binder. We are <br />returning this report (Enclosure 2) so that you can resubmit in the spring when the site can be <br />