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Greg Lewicki And Associates, PLLC <br />11541 Warrington Court Phone: (303) 346 -5196 Fax (303 )-346 -6934 <br />Parker, CO USA 80133 E -Mail: infokdewicld.biz <br />August 28, 2013�ce.1 *4F.0 <br />Marcia Talvitie o 3 0 N13 <br />Colorado Division of Reclamation, Mining, and Safety <br />1313 Sherman Street, Rm 215 OMSION O� RECLAMATION <br />Denver, Co 80203 1AINING AND SAFETY <br />RE: New Horizon North Mine — Permit No. C- 2010 -089 <br />Technical Revision No. 4 (TR -04) As -Built Information for NHN -001 Ditches <br />Preliminary Adequacy Review - Applicant Response <br />Ms. Talvitie <br />Western Fuels- Colorado, LLC (WFC) has assembled the following responses to the DRMS <br />adequacy review sent to our office and WFC on July 22, 2013. <br />1. The Section 2.05.3(4) Table of Contents (TOC) submitted with the application is not the <br />same version that was approved with TR -0 1. <br />a. Maps 2.05.3(4) -6, -7 and -8 are not listed, and should be added to the TOC List of <br />Maps. <br />b. Additionally, the Division has noted a number of other updates / corrections that <br />should be made to the TOC. These are noted on the attached copy, for your <br />reference. <br />The Section 2.05.3(4) Table of Contents has been updated. <br />2. New Appendix 2.05.3(4) -7 has been provided with this application. The Division notes <br />that throughout this Appendix, nomenclature used to identify the ditches is inconsistent <br />with that used in the Arcadis design report of Appendix 2.05.3(4) -1. In the Arcadis <br />design, and throughout the approved permit text and maps, the ditches are named "NHN - <br />001 West" and "NHN -001 East ". The new text and maps refer instead to "Pond 001 <br />Ditches" or "Pond NHN -001 Ditches ". Please modify the various texts and maps <br />submitted with this application to be consistent with the nomenclature already established <br />for these features. <br />The ditches leading to Pond NHN -001 are now all labeled NHN -001 East or NHN -001 West to <br />follow the established nomenclature. Maps 2.05.3(4) -7, -8, and the first page of Appendix <br />2.05.3(4) -7 have been updated to reflect this. <br />3. The new Appendix provides an analysis of the ditches that were constructed. However, <br />the narrative does not refer back to the original approved design, and fails to describe <br />