2015-11-24_REVISION - C1981008 (2)

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from the New Horizon Mine 1 between 1983 and 1992. The permit was transferred from Peabody to WFC on May 15, 1992. The original application for Permit C-1981-008 for the Nucla Mine (now known as the New Horizon Mine 1) was submitted by Peabody Coal Company on January 9, 1981 and was approved by the Division on April 14, 1983. The Nucla Mine covered 393 acres. The permit was subsequently renewed (RN-01) for a second five-year term by the Division in May of 1988. On April 29, 1988, Peabody submitted an application for Permit Revision No. 2 (PR-2) to add approximately 220 acres to the permit, creating the Nucla East Mine immediately west of the Town of Nucla (now known as New Horizon Mine 2). This revision was approved on February 28, 1989. On April 26, 1993, the Division approved an additional five-year renewal (RN-2) for Western Fuels-Colorado with a stipulation requiring that a permit revision be submitted to separate the permit application into two separate documents since the two mines were not contiguous. The stipulation was satisfied with the submission of PR-3 which was approved on June 1, 1994. On April 22, 1996, the Division received an application for a permit revision (PR-4) to add an additional 100.7 acres to the New Horizon Mine 2 (formerly Nucla East) permit area. Adequacy issues were resolved on September 24, 1996, and the revision was approved and became final on December 9, 1996. On September 26, 1997, the Division received an application to renew a valid existing permit to conduct coal mining in Colorado. All issues addressed in the adequacy reviews were resolved and the permit renewal (RN-3) became final on April 26, 1998. On September 14, 1999, the Division received an application for a permit revision (PR-5) to add an additional 476.9 acres to the New Horizon Mine 2 permit area. The expanded acreage included properties north of BB Road and west of 2700 Road. Final adequacy issues were resolved on April 14, 2000, and the proposed decision for approval was issued on April 24, 2000. On September 27, 2002, the Division received an application to renew a valid existing permit to conduct coal mining operations in Colorado (RN-4). The application was deemed complete on November 25, 2002. Adequacy issues were resolved on March 21, 2003 and the permit renewal proposed decision was issued on March 25, 2003. On November 13, 2007, the Division received an application to renew a valid existing permit to conduct coal mining operations in Colorado (RN-5). The Division called the application complete on November 27, 2007. RN-5 was issued on October 8, 2009, with Stipulation Nos. 16 and 17 attached. In response to Stipulation Nos. 16 and 17, WFC submitted an application for Permit Revision No. 6 on November 12, 2009. The Division issued its proposed decision to approve PR-6 on October 1, 2010. Objections to the decision were received, and the matter was heard by the Mined Land -6. New Horizon Mine -3- 11/25/2015