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WESTERN <br />FUELS <br />ASSOCIATION <br />INC. <br />The National <br />Fuel Supply <br />Cooperative <br />November 30, 2012 <br />Ms. Marcia Talvitie <br />Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining and Safety <br />Durango Field Office <br />691 CR 233, Suite A -2 <br />Durango, Colorado 81301 <br />Subject: Minor Revision 2 (MR -2) New Horizon North (NHN) Mine, Permit No. C- 2010 -089, - <br />Pond NHN -001 As -Built Certification <br />Dear Ms. Talvitie: <br />Sent via FedEx and Email <br />Please find enclosed a completed APPLICATION FORM FOR A REVISION TO A COAL MINING AND <br />RECLAMATION PERMIT. Included with this application is one copy of the following: <br />• Revised Section 2.05.3(4) Table of Contents, Revision Date: November 2012 <br />RECEIVE <br />DEC 032012 <br />Division of & Safety <br />Mining <br />• Revised Section 2.05.3(4) pages 1 through 3, Revision Date November 2012, which includes the <br />reference on page 2 that As -Built documents are included in this section beginning with Appendix <br />2.05.3(4) -6. <br />• Pond NHN -001 As -Built Documentation Includes: <br />o Appendix Tab 2.05.3(4) -6 (via FedEx only) <br />o Pond NHN -001 As -Built Map 2.05.3(4) -6 <br />o SedCad run for the 10yr -24hr Event <br />o SedCad run for the 25yr -24hr Event <br />o Location Map & Relative Compaction Test Results performed by Lambert and Associates <br />o Letter from Lambert and Associates documenting Pond Embankment Safety Factor <br />• Revised Binder Cover and Spine for Permit Volume 3 of 4 <br />Two copies of the revision are also being mailed via FedEx to Sandra Brown at the DRMS Denver office. <br />This correspondence is submitted in response to Abatement Steps 2 and 3 required in the Notice of <br />Violation Number CV- 2012 -006, and restated below with comments, and is intended to satisfy Section <br />4.05.9(14) (a) and (b) of the Regulations of the Colorado Mined Land Board for Coal Mining. <br />Abatement Step 2: Construct Sedimentation Pond NHN -001 and associated sediment control system as <br />approved in Section 2.05.3(4) of the permit. Abatement Date: on or before November 30, 2012. <br />Construction of Pond NHN -01 has been completed as of November 26, 2012. <br />12050 N. Pecos Street, Suite 100 • Westminster, CO 80234 • Telephone (303) 255 -5800 • Fax (303) 255 -5809 <br />