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January 25, 2013 <br />Colorado Department of Public Health and Environment <br />Water Quality Division <br />Permits & Enforcement Section <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80246 — 1530 <br />RE: December 2012 Discharge Monitoring Reports, New Horizon Mine, Permit No. <br />CO- 0000213. <br />ATTN: Ms. Kelly Morgan <br />Enclosed are the Western Fuels - Colorado, New Horizon Mine Discharge Monitoring <br />Reports (DMR) for Outfalls 007 through 013. Only Outfalls, 007 and 013 discharged <br />this quarter therefore, monthly and quarterly testing was not conducted on Outfalls 008, <br />009, 010, 011, or 012 due to lack of discharge. Outfall 013 discontinued to discharge <br />December 19 2012. Therefore, no field data was collected the last several days of <br />December 2012. <br />The WET test summary results and Chains of Custody are enclosed for Outfall 007 and <br />Outfall 013. In addition, we have enclosed the WET notifications dated August 7, 2012 <br />and October 2, 2012, that demonstrate "no pattern of toxicity" for Ceriodaphnia dubia <br />(reproduction) for Outfall 013. As noted in the enclosed email, we understand that the <br />Division has found a problem with the Division - issued DMRs for reporting WET results <br />for Outfalls 007, 011 and 013. Therefore, we understand that the DMRs for WET test <br />reporting will be due to the Division at a later date, following issuance of revised DMRs. <br />This later submittal is not a permit violation. We are committed to submission of the <br />revised DMRs as soon as practicable. <br />If you have any questions or comments please contact me at 970.864.7590, or email <br />ifry@wfcnucla.org. <br />Sincerely, <br />Thomas D. Fry <br />Mine Engineering Technician <br />RECEIVED <br />JAN 2 82013 <br />Division of Reclamation <br />Mining & Safety <br />Cc: t.4 rcia Talvitie, Colorado Division of Mining & Reclamation, Denver, Colorado <br />(w /enclosure) <br />Marcia Talvitie, Colorado Division of Mining & Reclamation, Durango, Colorado <br />(w /enclosure) <br />F:\Eng\DATA\Word\Water\2012\DEC_2012_DMR_CJ01242013.doc <br />