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May 10, 2016 <br />Mr. Brock Bowles <br />RECEIVED <br />MAY 13 2016 <br />Colorado Division of Reclamation Mining and Safety DdVISiON OF RECLAMATION <br />Department of Natural Resources MINING AND SAFETY <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 Certified Return Receipt Mail #70150640000792781944 <br />RE: Request for Formal Hearing for the New Horizon Mine (Permit No. C-1981-008), Minor Revision <br />No. 96 (MR -96) dated Approved April 22, 2016. <br />Dear Brock; <br />I, Jimmy R. Guire II, herby request a formal hearing as allowed in accordance with Rule 2.08.4(6)(c)(iii) <br />and conducted in accordance with the requirements of 2.07.4(3). <br />I am a Trustee for GW46 Irrevocable Trust, who owns 131.84 acres (Montrose County Assessor Parcel <br />Number 4269-062-00-014), and approximately the northern 91 acres are included in Permit Number C- <br />1981-008 under a lease to Western Fuels -Colorado, LLC's New Horizon Mine (WFC). <br />This same parcel of land was at issue with Minor Revision 95 (MR -95), pertaining to Map No. 2.03.4-1. <br />Now with MR -96 and Map No. 2.03.4-2, we find that WFC is again referring to GW46 Irrevocable Trusts' <br />property inaccurately both as mineral owner and map description. WFC is using outdated map <br />information and submitting that information to DRMS either by genuine mistake or in an attempt to <br />slide this erroneous information to DRMS in the hopes of it not being noticed and having it be approved <br />and become a record for future reference. If you take MR -96's Map No. 2.03.4-2 and overlay it on MR - <br />95's approved Map No. 2.03.4-1, you will find the discrepancy in the shape and size of GW46's property. <br />Also, WFC describes mineral owner #13 as San Miguel Power Association, when in fact, 100% of the <br />mineral rights are owned by GW46 Irrevocable Trust. <br />I have enclosed a copy of MR -96's Map No. 2.03.4-2, along with a copy of the enlarged lower left corner <br />of the map to show the details. <br />I have submitted this request for a formal hearing to comply with the timeframes required by the rules <br />and regulations. If my concerns can be settled, then I reserve the right to withdraw my request for a <br />formal hearing within a reasonable time. If I do not receive a result satisfactory to me, I will elect to <br />move forward with the formal hearing. <br />I respectfully request that you encourage WFC to produce accurate maps according to factual and legal <br />deeds of record and not what they choose to provide according to their assumptions. Thank you for <br />your consideration. I will await your reply. <br />Sincerely <br />/ <br />,,�g, <br />e� <br />Jimyny R. Gu/ire II, Trustee <br />GW46 Irrevocable <br />Trust <br />P.O. Box 587 <br />Nucla, CO 81424 <br />