2010-01-20_REVISION - C1981008 (3)

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C-1981-008 TR-59 Response to Morgans January 20, 2010 Page 2 of 2 As I discussed in a phone conversation with JoEllen Turner and a follow-up phone conversation with Mike Morgan (on January 8`h), the Morgan property is not affected by the changes proposed in TR-59. Following the first conversation, Ms. Turner said the objection would be withdrawn. Mike Morgan indicated in the second conversation that he would talk the matter over with Frank Morgan, and let the Division know by the first part of the next week (week of January 11`h) what had been decided. To date, we have not received your withdrawal letter or any additional information. Public Notice of the Division's proposed decision was published in the San Miguel Basin Forum on December 17`h. The ten-day comment period ended on December 27, 2009. With respect to this Notice, Section 2.08.4(6)(b)(iii) of the Rules applies: "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. " Although your comments were received within the public comment period, the Division finds that your objection to the proposed approval of TR-59 does not meet the requirements of Section 2.08.4(6)(b)(iii) since there will be no adverse affect on the Morgan property. Therefore, the Division's decision to approve TR-59 is considered to be final. Please contact me if you require further information regarding this issue. Sincerely, Marcia L. Talvitie Environmental Protection Specialist cc: Sandy Brown, DBMS Ross Gubka, Western Fuels-Colorado