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Est: 1863 <br />August 25, 2015 <br />New Horizon Mine <br />MONTROSE COUNTY <br />PUBLIC WORKS <br />949 North 2nd Street <br />Montrose, CO 81401 <br />Phone: 970-252-7000 <br />Fax: 970-252-7010 <br />Western Fuels -Colorado <br />New Horizon Mine 2 <br />Attention: Mr. Frank Ferris, PE <br />PO Box 628 <br />Nucla, CO 81424 <br />Re: New Horizon Mine Special Use Permit SU -99-0834 <br />Reconstruction BB Road west of 2700 Road <br />Dear Mr. Ferris: <br />It is Montrose County's understanding that the Colorado Division of Reclamation, Mining, and <br />Safety (DRMS) requests clarification of my letter issued to New Horizons Mine dated April 21, <br />2015. Specifically, DRMS requests a statement regarding maintenance responsibility of the <br />recently reconstructed section of BB Road west of 2700 Road and related drainage culverts lying <br />within the County's rights-of-way. <br />BB Road is under the authority and jurisdiction of Montrose County as authorized by Colorado <br />Revised Statutes C.R.S. 43-2-111, C.R.S. 43-5-305, & C.R.S. 37-84-106 (attached herewith). <br />Therefore, Montrose County accepts full responsibility for the on-going maintenance of BB <br />Road and related storm drainage and culverts within the County's rights-of-way. However, <br />Montrose County assuntcs no responsibility for water quality and quantity issues for water <br />flowing through these culverts that is generated directly or indirectly by time mine and associated <br />mine reclamation activities. <br />Sincerely, <br />/q 6,J6�� <br />foseph Budagher <br />Road and Bridge Director <br />cc: County Engineer <br />County Attorney <br />Assistant Road Superintendent <br />File <br />SL -17 Phase III Bond Release Application Page 26 <br />