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TRI -STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.O. BOX 33695 DENVER, COLORADO 80233 -0695 303 - 452 -6111 September 30, 2014 Mr. Robert Zuber, P.E. RECEIVED Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety OCT 0 3 2014 1313 Sherman Street, Room 215 DIVISIGN OF RECLAMATION Denver, CO 80203 MINING AND SAFETY RE: New Horizon Mine Permit No. C- 1981 -008 TR -64 Adequacy Review Responses Dear Mr. Zuber: Tri -State Generation and Transmission Association, Inc. (Tri- State) has received your adequacy letter for TR -64, dated September 10, 2014, and provides the following responses to your comments on behalf of the Western Fuels - Colorado, A Limited Liability Company (Western Fuels- Colorado) New Horizon Mine. 1. DRMN requires proof that this plan has been approved by the Water Quality Control Division (WQC'D). We would prefer that this be a revised CDPS permit. However, if you can provide proof that this revision from WQC'D is imminent (for example in a letter for a senior staff member), that would also suffice. Response: On September 16, 2014 Mr. Tony Tennyson emailed Mr. Rob Zuber email correspondence from Ms. Abigail Ogbe — Water Quality Control Division, which provided documentation that the trench drain water can be directly discharged into the flume at the Pond 013 outfall. The email documentation that was previously sent to Mr. Zuber has been included under this cover letter for proper documentation, but it is not intended to be part of the permit application package. Furthermore, Mr. Tony Tennyson and Mr. Dan Hernandez discussed this adequacy comment and the required Water Quality Control Division documentation on September 25, 2014 at approximately 2:00 PM. Mr. Hernandez indicated verbally that the Division would accept the documentation provided, but would require Tri -State to provide the revised discharge permit when it is issued. Tri -State is in the process of having the discharge permit for the New Horizon Mine renewed and should have a draft permit issued in approximately two months. This renewed permit will include the trench drain water being discharged into the outfall at Pond 013, and will be provided to the Division accordingly when the final permit is issued. 2. Please address the issue of constructing the pipeline in the buffer gone along Tuttle Draw. Response: A narrative discussion addressing the trench train and Pond 013 in relation to the Stream Buffer Zone along Tuttle Draw (Rule 4.05.18) has been included in Section 2.05.6(3) as requested. AN EQUAL OPPORTUNtrylAFFIRMArIVEACrt ONEMPLOYER CRAIG STATION ESCALANTE STATION NUCLA STATION P.O. BOX 1307 P.O. BOX 577 P.O. Box 698 A Touchstone Energy' Cooperative CRAIG, CO 81626 -1307 PREWIrr, NM 87045 NUCLA, CO 81424 -0698 �� 970- 824 - 4411 505 -972 -5200 970- 864.7316