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<br />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 4, 2008 <br />Bill Ritter, Jr. <br />Governor <br />Mr. Ross Gubka, P.E. Harris D. Sherman <br />Chief Engineer Executive Director <br />Western Fuels-Colorado Ronald W. Cattany <br />P.O. Box 628 Division Director <br />Nucla, Colorado 81424 Natural Resource Trustee <br />Re: New Horizon Mine (Permit.No. C-1981-008) <br />Technical Revision No. 55 (TR 55) <br />Transmittal of Public Comment Letters and Division of Reclamation, Mining <br />and Safety Request for the Withdrawl of TR-55 <br />The Division of Reclamation, Mining and Safety (Division) has received ten (10) formal <br />objection/comment letters from interested public parties regarding the TR-55 application <br />submitted by Western Fuels - Colorado. Three of these letters are from landowners that <br />own property within the permit boundary. We may receive additional objection/comment <br />letters, and we will forward them to you as they are received. The Division received the <br />TR-55 application on November 14, 2007 and sent out its adequacy review letter to WFC <br />on December 11, 2007. <br />The purpose of this letter is twofold: 1) we are forwarding to you copies of all of the <br />comment letters regarding TR-55 received to date by the Division; and 2) we are <br />requesting that WFC formally withdraw the TR-55 application. <br />A telephone conference call was held on January 3, 2008 between Division <br />representatives, WFC and Greg Lewicki who provided consulting services to WFC for <br />the preparation of TR-55. During the conference can it was agreed by all those attending <br />the call that the best approach to resolving the Division's technical adequacy concerns <br />and the concerns voiced by interested public parties and landowners, would be to <br />withdraw the TR-55 application. A summary of the conference call discussions and <br />action items is listed below. <br />• WFC will formally withdraw TR-55 and submit a new permit revision or <br />technical revision application (yet to be determined), after taking into <br />consideration the Division's initial adequacy concerns and concerns identified in <br />public comments received by the Division regarding TR-55; <br />COLORADO <br />p !VISION O F <br />RECLAMATION <br />MINING <br />SAFETY <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines