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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Nawtat Resouices <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />May 16, 2016 <br />Jimmy R. Guire II, Trustee <br />GW46 Irrevocable Trust <br />P.O. Box 587 <br />Nucla, CO 81424 <br />Re: New Horizon Mine (Permit No. C-1981-008) <br />Minor Revision 96 (MR -96) <br />Request for Formal Hearing <br />Dear Mr. Guire: <br />Thank you for your letter dated May 10, 2016 regarding MR -96 at the New Horizon Mine in Nucla, Colorado, <br />which was received by the Division by certified mail on May 13, 2016. In your letter, you are requesting a formal <br />hearing on the Division's decision to approve MR -96. <br />The Division proposed to approve MR -96 on April 22, 2016 which initiated a 10 day comment period as per Rule <br />2.08.4(6)(c)(iii). The comment period closed on May 2, 2016 and the Division's decision became final on the <br />same day. Your letter was received by the Division on May 13, 2016 which is 11 days after the close of the <br />comment period. For this reason, the Division unfortunately cannot grant your request for a formal hearing. <br />That being the case, your letter states that Map 2.03.4-2 inaccurately shows GW46 Irrevocable Trusts' mineral <br />ownership boundary and that the mineral owner is still listed as San Miguel Power Association. To ensure permit <br />accuracy, the Division will look into your concerns to ensure that the New Horizon permit complies with the <br />requirements of Rules 2.03.4(6)(a) and 2.10.3(1)(a). We will contact you when we have completed our <br />investigation. <br />If you have any questions or need additional information, please contact me at (303) 866-3567 ext 8142. <br />Sincerely, <br />A�/ / <br />G <br />Brock Bowles <br />Environmental Protection Specialist <br />brock.bowles@state.co.us <br />cc: <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director <br />