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WESTERN FUELS- COLORADO, LLC <br />' P.O. BOX 33695 DENVER, COLORADO 80233 -0695 303 - 452 -6111 <br />April 10, 2013 <br />Marcia Talvitie, P.E. <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />Durango Field Office <br />691 CR 233, Suite A -2 <br />Durango, CO 81301 <br />Dear Ms. Talvitie: <br />RECEIVED <br />APR 15 2013 <br />Durango Field C ' 'ice <br />Division of Rec!arr�ation, <br />and Safety <br />This letter is simply to present circumstances to consider if penalties are assessed regarding the <br />recent violation CV- 2013 -003 at the New Horizon North Mine of Western Fuels - Colorado. <br />First, it was the understanding of WFC that the flume was to be covered under the as -built <br />submittal for Pond 1. In this case, because of the lack of room to install the flume on the north <br />side of the road, the flume was constructed on the south side of the road. It was assumed that <br />since the flume was constructed on WFC lands this minor disturbance would not be seen as a <br />problem with DRMS. Discussions between DRMS, Doug White and Ross Gubka, in November, <br />indicated that once the work was complete the design changes to Pond NHN -001 would be <br />incorporated into a Technical Revision. Work proceeded on this basis and the flume construction <br />was completed on December 11th, 2012. A subsequent inspection by you occurred on December <br />12, 2012 and notes were made regarding the completion of the pond construction and on the <br />primary and emergency spillways, but no notes were made regarding the flume area. WFC's <br />assumption based on this was that the area would be covered under the pond as -built through <br />TR -01. <br />Second, all work was done simply to measure the flows from the culvert handling the primary <br />spillway discharge from Pond 1. Once construction started, it was realized that, in order to keep <br />the flume level, more work was needed than originally anticipated. <br />Third, all work was done with the best of intentions to ensure that no erosion would occur on the <br />property. <br />Fourth, all land where the additional work was done is on private property owned by WFC. <br />Fifth, all of the land where the work occurred is on previous pre -law disturbance that had no <br />topsoil replacement and revegetation has been poor. <br />COLOWYO MINE NEW HORIZON MINE <br />5731 STATE HIGHWAY 13 • MEEKER, CO 81641 • 970 - 824 -1500 1 P.O. BOX 628. NUCLA, CO 81424 • 970 - 864 -2165 <br />