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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 />11 March 2013 <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 -089) <br />Technical Revision No. 1 (TR -01) Pond NHN -001 As -Built Certification <br />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. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The application for TR -01 was received by the Division on 28 January 2013, and was deemed <br />complete, for purposes of filing, on 05 February 2013. TR -01 has been submitted to replace the <br />application for MR -02, which was withdrawn at the Division's request. The Division issued a <br />preliminary adequacy review for MR -02 on 03 December 2012. WFC's TR -01 application <br />addresses the MR -02 adequacy comments and provides supplemental materials, as requested, <br />regarding as- constructed documentation and certification for Sedimentation Pond NHN -001. <br />Public notice of the TR -01 application completeness, as required by Rule 2.04.8(6)(b), was <br />published in the San Miguel Basin Forum on February 14, 2013. Proof of publication was <br />submitted to the Division on February 20, 2012. The period for public comment extended for 10 <br />days from the public notice date. No comments or objections to TR -01 were received. <br />Additionally, the Division notified various entities of the application's completeness. No <br />comments were received. <br />The following section itemizes the adequacy comments made by the Division as a result of our <br />review of the MR- 02 /TR -01 application(s). Please prepare and submit a response package <br />addressing each of the remaining issues. <br />Rule 2.05.3(4) and 4.05.9 Ponds and Impoundments <br />Surface Water Hydrology <br />1. DRMS: The designs (SEDCAD runs) submitted for the NHN -001 pond as -built indicate <br />that the primary discharge structure is a perforated riser, with 2" holes at the 5671.5' <br />elevation. Map 2.05.3(4) -6 and the photographs provided by the operator on December <br />Office of Office of <br />Mined Land Reclamation Denver . Grand Junction • Durango Active and Inactive Mines <br />