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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 />November 23, 2009 <br />Ross L. Gubka <br />Western Fuels-Colorado, LLC <br />P.O. Box 628 <br />Nucla, CO 81424 <br />Re: New Horizon Mine (Permit No. C-1981-008) <br />Permit Revision Application No. 6 (PR-6) <br />Post-Mining Land Use; Sediment Control; Final Contours; and Prime Farmland <br />Dear Mr. Gubka: <br />COLORADO <br />D I V 15 10 14 OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Govemor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />We have received your application to revise your permit to conduct coal mining in Colorado. Our initial review <br />indicates that all preliminary items required by the Colorado Surface Coal Mining Reclamation Act, <br />Section 34-33-101 et seq., C.R.S., have been submitted. Thus, your revision application has been considered <br />complete for the purposes of filing as of November 23, 2009. All review and comment periods as provided in the <br />Act and the Regulations initiate from this date of filing. <br />Unless notification to the contrary accompanies this letter, the proposed newspaper advertisement submitted with <br />the application has been found to be satisfactory. You should commence publication of this advertisement as <br />specified in Rule 2.07.3(2) of the Regulations. Proof of the publication of the advertisement must be filed with the <br />Division no later than four weeks after the last publication date. <br />Coincident with the initial publication, a copy of the revision application, less confidential items, must be filed for <br />public inspection with the appropriate public office as specified by you in the notice. Any subsequent changes or <br />additions to the application must also be made in this copy, at the same time it is submitted to the Division. <br />The Division is currently reviewing your revision application to determine whether the items you have submitted <br />are adequate in terms of meeting the requirements of the Act and Regulations. Additional information may be <br />required, and in accordance with the provisions of Section 34-33-118(5) of the Act, you will be notified no later <br />than January 22, 2010, should that be the case. <br />If you have any questions, please contact me. <br />Sincerely, <br />Marcia L. Talvitie <br />Environmental Protection Specialist <br />MLT/Jrc <br />C-PR-02 CI981oo6 MLT_11232009025905.dce <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines