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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> November 8, 2019 <br /> Aimee Tooker <br /> Secretary/Treasurer <br /> Colorado Cooperative Company <br /> P.O. Box 231 <br /> Nucla, CO 81424 <br /> RE: Colorado Cooperative Company objection to New Horizon Mine SL22 <br /> Dear Ms.Tooker: <br /> Earlier this year, June 12, 2019, the Colorado Cooperative Company was notified by Elk Ridge Mining and <br /> Reclamation, LLC, that the mine operator would be applying for a partial Phase I, II and III bond release for <br /> reclaimed areas at the New Horizon Mine with the Division of Reclamation, Mining and Safety. The Colorado <br /> Cooperative Company filed an objection regarding this bond release, on July 11, 2019. The Colorado <br /> Cooperative Company's objection to the bond release involved an outstanding easement with a third party <br /> land owner and the Colorado Cooperative Company. <br /> The Division requires the mine operator to provide the Division with proof of Right of Entry (Rule 2.03.6)to <br /> conduct mining and reclamation activities. This rule also states that, "Nothing in 2.03 shall be construed as <br /> vesting the Division or Board the jurisdiction to adjudicate property rights disputes." The Division's evaluation <br /> of the permittee's bond release application, SL-22, involves the determination that the permittee has <br /> achieved successful reclamation in accordance with the Colorado Surface Coal Mining Act (the Act), the <br /> Regulation of the Colorado Mined Land Reclamation Board for Coal Mining (Rules), and approved permit <br /> (Rule 3.03.1). Final easement agreements between landowners and the operator, are not part of the <br /> Division's jurisdiction once successful reclamation is achieved. <br /> Please work with Tri-State Generation and Transmission for resolution of your concern. However,the Division <br /> does not believe that Colorado Cooperative Company's concern is a condition of the approval of the subject <br /> bond release application, SL-22. <br /> Please contact me if you need additional information. <br /> Sincerely, <br /> Janet Binns, <br /> Environmental Protection Specialist III <br /> Janet.binns@state.co.us <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us * *' <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director \* <br />