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Summar <br />The Review Process <br />The New Horizon 1 dnd 2 Mines, formerly Nucla and Nucla East, were purchased <br />from Peabody Coal Company by Western Fuels-Colorado, a Limited Liability <br />Company. The transfer of ownership and succession of operator was completed on <br />May 15, 1992. Both mines are located in Montrose County (Figure 1). <br />The original permit for C-81-008 was submitted by Peabody on January 9, 1981 <br />and was approved by the Division on April 14, 1983. The permit was <br />subsequently renewed for an additional 5 year term by the Division in May of <br />1988. On April 29, 1988, Peabody submitted a Permit Revision to add an <br />additional 220 acres to the permit (formerly Nucla East, now New Horizon <br />Mine 2). This revision was approved on February 28, 1989. <br />On August 26, 1992, the Division sent Western Fuels the required notice <br />pertaining to the expiration of Permit No. C-81-008 on May 26, 1993. The <br />Permit Renewal No. 2 application was received on November 24, 1992 and was <br />deemed complete on December 3, 1992. Western Fuels-Colorado began publishing <br />the public notice of the renewal application on December 10, 1992 in the <br />San Miguel Forum. <br />One hundred sixty pre-blast surveys were received by the Division from studies <br />done by Vibra-Tech working for Western Fuels to meet the requirements set out <br />by the Rules and Regulations. Only one letter was received by the Division <br />during the public comment period. This letter stated concerns about dust <br />control and was answered by the Division with copies of New Horizon's Dust <br />Control Plan and a copy of their Air Emissions Permit. A subsequent follow-up <br />by telephone was made and the residents stated they were pleased with the <br />results of the plan. <br />In addition to the above concern, the Division had adequacy concerns addressed <br />in a February 3, 1993 letter to Western Fuels. During the course of the <br />review, several meetings were held addressing these and other concerns that <br />arose and, with the exception of the stipulations listed above, all issues <br />have been adequately addressed by the Division. <br />Stipulation No. 9 <br />By August 1, 1993, Western Fuels-Colorado will submit a permit revision <br />modifying the old Peabody permit to reflect a reclamation only permit for <br />the New Horizon Mine 1 area. All baseline and historical information <br />shall be retained in this new permit. Upon completion of this permit, <br />references to the "Peabody Permit" in the New Horizon Mine 2 permit shall <br />be changed to reflect the new reclamation only permit. <br />Description of the Environment <br />Introduction <br />The New Horizon Mine 1 permit area encompasses 426.6 acres. The New Horizon <br />Mine 2 area encompasses 219.9 acres for a total permit area of 646.5 acres. <br />-3- <br />