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4 , <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 COLORADO <br /> <br />Phone: (303) 666-3567 DIVISION OF <br />RECLAMATION <br />FAX: (303) 832-8106 MIN N I N G <br /> st.- <br /> SAFETY <br /> Bill Ritter, Jr. <br />January 15, 2008 Governor <br /> Harris D. Sherman <br /> Executive Director <br /> Ronald W. Cattany <br />Mr. Hang C. Lloyd Division Director <br />11432 Jones Road Natural Resource Trustee <br />Berrien Springs, MI 49103-9659 <br />Re: New Horizon Mine (Permit No. C-1981-008), Receipt of Certified Letter <br />Regarding Technical Revision No. 55 <br />The Division of Reclamation, Mining and Safety (Division) has received your letter <br />regarding your concerns related to the Technical Revision No. 55 (TR-55) application <br />that was submitted by Western Fuels - Colorado (WFC) for the New Horizon Mine. The <br />purpose of this letter is to inform you that your letter has been forwarded to the New <br />Horizon Mine for their review and to inform you that the Division has requested that <br />New 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. <br />We also note your request for the State of Colorado to require WFC to inform you of <br />potential future changes to the reclamation plan. Our Rules require mine operators to <br />obtain landowner continents regarding the proposed use of the land following <br />Office of <br />Mined Land Reclamation <br />Denver - Grand Junction - Durango <br />Office of <br />Active and Inactive Mines