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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 21, 2011 <br />Mr. Lance Wade <br />Western -Fuels – Colorado, LLC <br />P.O. Box 628 <br />Nucla, CO 81424 <br />STATE OF COLORADO <br />Re: Final Partial Decision – Technical Revision No. 61– New Horizon Mine – Permit No. C- 1981 -008 <br />Dear Mr. Wade: <br />The Division of Reclamation Mining and Safety (DRMS) hereby issues a Final Partial Approval of Technical Revision <br />Number 61 (TR-61) as further explained below. TR -61 provides a detailed plan for soil and soil stockpile sampling at <br />the New Horizon Mine. TR -61 is directly responsive to guidance given by both DRMS and the federal Office of <br />Surface Mining (OSM) following a detailed technical oversight review of the currently approved reclamation plan <br />for the New Horizon Mine. The oversight review occurred in response to complaints filed with OSM by Ms. Jo Ellen <br />Turner. <br />The sampling plans addressed in TR -61 do not change or affect any provisions in the current Permit Number C- <br />1981 -008, except for the addition of the specific sampling plans detailed in TR -61. The sampling results will be used <br />to assess whether additional changes to the currently approved reclamation plan will be necessary, and any such <br />changes will be conducted through additional permitting actions. <br />Ms. Turner, Michael Morgan, Frank Morgan and Mary Lou Morgan filed an objection and request for hearing <br />regarding TR -61 on November 14, 2011. The objection and request for hearing does not indicate any objection to <br />the sampling plan. In fact, the objection letter dated November 14, 2011 from Ms. Turner and the Morgans states <br />in part "We had no problem with the testing or the sampling as was prepared by Key Ag. We have no problem with <br />WFC continuing their sampling and testing on the days scheduled ". Thus the sampling plan is approved as final. <br />To the extent that concerns beyond the scope of the sampling plan are raised in the TR -61 objection and request <br />for hearing, the objection and request for hearing will be scheduled for consideration by the Mined Land <br />Reclamation Board (MLRB) at the December 7, 2011 MLRB meeting in Denver. Additional notice and coordination <br />regarding the MLRB proceeding will occur separately. <br />Please contact me with any questions. <br />Sincerely, <br />David_B -rry <br />Director, Office of Mined Land Reclamation <br />Cc: Marcia Talvitie, Sandy Brown, Jeff Fugate <br />Rick Williamson, OSM <br />Steve Park, NRCS <br />JoEllen Turner, Chris McAnany <br />Chris Kamper <br />Office of <br />Mined Land Reclamation <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />