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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 />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />- &- <br />SAF ETY <br />Mr. Ross Gubka, P.E. Bill Ritter, Jr <br />Governor <br />Chief Enginef:r <br />Harris D. Sherman <br />Western Fuels-Colorado Executive Director <br />P.O. BOX 628 Ronald W. Cattany <br />Nucla, Colorado 81424 Division Director <br />Natural Resource Trustee <br />Re: New Horizon Mine (C-81-008) <br />Prime Farmland <br />Dear Mr. Gubka: <br />The Division of Reclamation, Mining and Safety met with you, your consultants Greg <br />Lewicki and representatives of Walsh Environmental, and representatives from the <br />National Resource Conservation Service on February 14, 2008 to discuss several issues <br />of concern at t:he New Horizon Mine. As a result of that meeting, it was agreed that a <br />technical revision to the permit would be submitted shortly thereafter to address topsoil <br />salvage and handling practices at the New Horizon Mine. <br />Of utmost concern are the topsoil handling practices associated with specific areas that <br />have been designated as Prime Farmlands. Please see the attached NRCS letters dated <br />February 11, 2008 and February 21, 2008. To date, the Division has not received a <br />technical revision addressing the soil handling, soil storage or soil replacement issues we <br />discussed in the meeting. Because there are specific regulatory criteria that Western <br />Fuels-Colorado has not addressed regarding these lands, your permit is deficient. A <br />technical revision to the permit must be submitted no later than March 28, 2008. Failure <br />to address these issues in an acceptable technical revision by March 28, 2008 will be <br />considered a violation of the permit. <br />Please contact me if you have any questions. <br />Si cerely, <br />Sandra L. Brown <br />Sr. Environmental Protection Specialist <br />Attachments <br />Marcia Talvitie <br />Dan Mathews <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />