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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 />February 5, 2013 <br />David G. Anderson, P.L.S. <br />Western Fuels Association, Inc. <br />12050 N. Pecos St., Suite 100 <br />Westminster, CO 80234 <br />Re: New Horizon North Mine (Permit No. C- 2010 -089) <br />Technical Revision No. 1 (TR -1) <br />Pond NHN -001 As -Built Certification <br />Dear Mr. Anderson: <br />COLORADO <br />ID IV I S I O N O F <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 />We have received your technical revision application to revise your permit to conduct coal mining in <br />Colorado. Our initial review indicates that all preliminary items required by the Colorado Surface Coal <br />Mining Reclamation Act, Section 34 -33 -101 et seq., C.R.S., have been submitted. Thus, your <br />application has been considered complete for the purposes of filing as of February 5, 2013. All review <br />and comment periods as provided in the Act and the Regulations initiate from this date of filing. <br />Unless notification to the contrary accompanies this letter, the proposed newspaper advertisement <br />submitted with the application has been found to be satisfactory. You should publish this advertisement <br />as specified in Rule 2.08.4(6) of the Regulations. Proof of the publication of the advertisement must be <br />filed with the Division as soon as available after the publication date. <br />Coincident with the publication, a copy of the revision application, less confidential items, must be filed <br />for public inspection with the appropriate public office as specified by you in the notice. Any <br />subsequent changes or additions to the application must also be made in this copy, at the same time it is <br />submitted to the Division. <br />The Division is currently reviewing your revision application to determine whether the items you have <br />submitted are adequate in terms of meeting the requirements of the Act and Regulations. In accordance <br />with Section 34 -33- 116(5) of the Act, a proposed decision approving or denying this application will be <br />issued no later than April 6, 2013. <br />If you have any questions, please contact me. <br />Sincerely, <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />