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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />January 7, 2008 <br />COLORADO <br />D I V I S I O N OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Ms. JoEllen Turner Bill Ritter, Jr. <br />Governor <br />P.O. Box 346 Harris D. Sherman <br />Nucla, CO 81424 Executive Director <br />Ronald W. Cattany <br />Re: New Horizon Mine (Permit No. C-1981-008), Technical Revision No. 55 Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining and Safety (Division) has received your letter <br />regarding your objections to the Technical Revision No. 55 (TR-55) application that was <br />submitted by Western Fuels - Colorado (WFC) for the New Horizon Mine. The purpose <br />of this letter is to inform you that your letter has been forwarded to the New Horizon <br />Mine for their review and to inform you that the Division has requested that New <br />Horizon Mine formally withdraw the TR-55 application. <br />A telephone conference call was held on January 3, 2008 between Division <br />representatives and WFC representatives. During the conference call it was agreed by all <br />those attending the call that the best approach to resolving the Division's technical <br />adequacy concerns and the concerns voiced by interested public parties and landowners, <br />would be for WFC to withdraw the TR-55 application. <br />WFC will withdraw TR-55 and submit a new revision application, after taking into <br />consideration the Division's initial adequacy concerns and the concerns identified in <br />public comments received by the Division regarding TR-55. WFC has indicated to the <br />Division that they will meet with area landowners prior to submittal of the new revision <br />application to explain the revision proposal, and listen to and give consideration to <br />landowner concerns prior to finalization and submittal of the application. The new <br />application will include documentation that all permit area landowners have been <br />properly notified and given the opportunity to comment. <br />If you have any questions please call me or Dan Mathews. <br />Sincerely, <br />A "P. 3 fi4?/ <br />Michael P. Boulay <br />Environmental Protection Specialist <br />C: Denver File <br />Dan Mathews <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines