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TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. <br />HEADQUARTERS: P.O. BOX 33695 DENVER, COLORADO 80233-0695 303-452-6111 <br />March 31, 2016 <br />Mr. Brock Bowles <br />Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RE: New Horizon Mine <br />Permit No. C-1981-008 <br />Technical Revision No. 71 (TR -71) <br />Post -Mine Stock Pond (SP1) <br />Dear Mr. Bowles: <br />000 <br />VIG TO% <br />Pei '104 <br />SEC <br />Tri-State Generation and Transmission Association, Inc. (Tri-State) is the parent <br />company to Western Fuels -Colorado, A Limited Liability Company (WFC) New Horizon Mine. <br />The New Horizon Mine operates under the Division of Reclamation, Mining and Safety (DRMS) <br />Permit No. C-1981-008. Tri-State received your TR -71 adequacy letter dated March 25, 2016 <br />and has the following responses on behalf of New Horizon Mine: <br />2.05.5 — Postmining Land Uses <br />1. SPI is a postmining permanent feature that will be constructed on private property. <br />Comments by the legal or equitable surface owners) are required by Rule 2.05.5(1)(b). <br />Please submit comments by the landowner(s) approving the installation and design of SP1. <br />Response: A letter from Mr. Lester Goforth, the owner of the property where SP 1 will be <br />located, has been included in Attachment 2.05.3(3)-34 as request. The letter indicates that Mr. <br />Goforth consents to the proposed location of the SPI and agrees with the proposed design. <br />3.03.1 — Criteria and Schedule for Release of Performance Bonds <br />1. When a silt dam is to be retained as a permanent impoundment, provisions for sound future <br />maintenance by the landowner(s) must be made with the Division as per Rule 3.03.1(3)(c). <br />Please submit a plan and commitment by the landowner(s) to provide `sound future <br />maintenance' on SP1. <br />Response: A silt dam and a stock pond provide two completely different functions in the post - <br />mine landscape. A silt dam functions as a sediment control type structure, and SP 1 is not <br />designed to provide erosion control functionality. This is further bolstered by the fact that SP1 is <br />not capturing runoff from mining related areas, and was located in the premine topography as <br />stock pond not a silt dam. SP1 is intended to be constructed at the request of the surface <br />landowner to replace a premine stock pond to provide water when available to livestock on the <br />property, not to be used to control erosion and sediment transport. That being said, the <br />AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER <br />A Touchstone EneWCooperative <br />CRAIG STATION ESCALANTE STATION NUCLA STATION <br />P.O. BOX 1307 P.O. BOX 577 P.O. BOX 698 <br />CRAIG, CO 81626.1307 PREWITF, NM 67045 NUCLA, CO 81424-0698 <br />970-824-4411 505-972-52W 9704164-7316 <br />