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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 14, 2008 <br />Mr. Frank Morgan and Ms. Mary Lou Morgan <br />P.O. Box 4 <br />Nucla, CO 81424 <br />Re: - New Horizon Mine (Permit No. C-1981-008), <br />Permit Renewal No. 5 (RN-5) and Technical Revision No. 55 (TR-55) <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- SAFETY <br />Bill Rifler, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining and Safety (Division) sent you a letter dated <br />January 7, 2008 regarding your objections to the Technical Revision No. 55 (TR-55) <br />application that was submitted by Western Fuels - Colorado (WFC) for the New Horizon <br />Mine. We note that in your letter dated December 26, 2007 you are also objecting to the <br />renewal of the existing permit (RN-5). The purpose of this letter is to inform you that we <br />have received your comments regarding both TR-55 and RN-5 and have forwarded your <br />comment letter to WFC. <br />As stated in our January 7, 2008 letter to you, the Division has requested that New <br />Horizon Mine formally withdraw the TR-55 application. WFC will withdraw TR-55 and <br />submit a new revision application, after taking into consideration the Division's initial <br />adequacy concerns and the concerns identified in public comments received by the <br />Division regarding TR,-55. WFC has indicated to the Division that they will meet with <br />area landowners prior to submittal of the new revision application to explain the revision <br />proposal, and listen to and give consideration to landowner concerns prior to finalization <br />and submittal of the application. The new application will include documentation that all <br />permit area landowners have been properly notified and given the opportunity to <br />comment. <br />A separate revision application may also be required to cover any additional technical <br />adequacy questions and public review comments that may arise as part of the permit <br />renewal process (RN-5). <br />If you have any questions please call me. <br />Sincerely, <br />Mimk QP? <br />Michael P. Boulay <br />Environmental Protection Specialist <br />C: Denver File <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines