2009-03-20_REVISION - C1981008 ‎(3)‎

• Permit No: C1981008
• IBM Index Class Name: REVISION
• Doc Date: 3/20/2009
• Doc Name: Transmittal of Objection Letters Received
• From: DRMS
• To: Western Fuels Colorado, LLC
• Type & Sequence: TR57
• Email Name: MLT
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
20 March 2009
Ross L. Gubka, P.E.
Western Fuels - Colorado, LLC
P.O. Box 628
Nucla, CO 81424
Re: New Horizon Mine - Permit No. C-1981-008
TR-57 - Soils Resource Information and Topsoil Redistribution
Transmittal of Objection Letters Received
Dear Mr. Gubka:
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
The Division of Reclamation, Mining and Safety proposed its decision to approve Technical Revision No.
57 (TR-57) on 04 March 2009. The Public Notice announcing the proposed decision appeared in the San
Miguel Basin Forum on Thursday, 12 March 2009.
Rule 2.08.4(6)(b)(iii) states, in part, "The applicant or any person with an interest which is or may be
adversely affected may request a hearing by the Board. The request for a hearing must be received in
writing by the Division within 10 days after such publication and shall contain a brief and plain statement
of facts which indicate the requestor may be adversely affected, and briefly summarize the issues to be
raised by the requestor at the hearing. If properly requested under the provisions of this subsection, a
hearing shall be held at the next regularly scheduled Board meeting..."
The Division yesterday received two separate letters from Mr. Frank Morgan and his family, which
comment upon the process and details of TR-57. The letters are attached, for your records and reference.
Because the letters were received within the prescribed 10-day period, the Division considers these
objections to constitute a request by the Morgans for a formal hearing by the Mined Land Reclamation
Board. The next meeting of the Mined Land Reclamation Board is scheduled for Wednesday, April 8-9,
2009 at 1313 Sherman Street in Denver, Room 318. A list of witnesses, exhibits and 15 copies of all
documents that the parties wish to present for consideration at the formal hearing must be received by the
Board no later than noon on Friday, 27 March 2009.
Best regards,
Marcia L. Talvitie, P.E.
Environmental Protection Specialist
Enclosures - (2)
cc: San Miguel County - Nucla Annex
Mr. and Mrs. Frank Morgan, Mike Morgan, JoEllen Turner
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines