2010-02-11_REVISION - C1981008 ‎(3)‎

• Permit No: C1981008
• IBM Index Class Name: REVISION
• Doc Date: 2/11/2010
• Doc Name: Response to Objection
• From: DRMS
• To: JoEllen Turner
• Type & Sequence: TR49
• 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]
11 February 2010
JoEllen Turner
P.O. Box 346
Nucla, CO 81424
Re: New Horizon Mine - Permit No. C-1981-008
Permit Renewal No. 5 (RN-05)
Technical Revision Nos. 49 and 57 (TR49 and TR 57)
Objection Letter Received
Dear Ms. Turner:
COLORADO
DIVISION OF
RECLAMATION
MINING
- tSil-
SAFETY
Bill Ritter, Jr,
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Divislon Director
Natural Resource Trustee
On 27-Jan-2010, the Division of Reclamation, Mining and Safety (Division) received a letter
from you expressing your objection to RN-05, TR-49 and TR-57 for the New Horizon Mine, all
of which have been previously approved by the Division. I have reviewed the Division's records
with respect to each of these items. A brief description of the applicable Regulations of the
Colorado Mined Land Reclamation Board for Coal Mining (Regulations) and the particular
history for each decision is provided below.
Permit Renewals (RN-05)
For permit renewals, public notification and participation is delineated by Rule 2.08.5(2)(c) of
the Regulations. Rule 2.07.3(5) provides opportunity for the submittal of written objections or
comments within 30 days after the last publication of the initial public notice. A second
opportunity for public comment is provided by Rule 2.07.4(3), for 30 days following publication
of the Division's proposed decision to approve renewal of a permit.
With respect to RN-05, the Division did receive initial objection letters from Frank and Mary
Lou Morgan (dated 26-Dec-2007) and from you yourself (dated 4-Jan-2008). These letters
primarily addressed the concurrent TR-55 application, which was subsequently withdrawn by
Western Fuels.
Following the Division's review process for RN-05, the proposed decision to approve, with
conditions, renewal of the New Horizon Mine permit was issued. On 24-Aug-2009, letters to
that effect were mailed to you and to Mr. and Mrs. Morgan informing you of our proposed
decision, in accordance with Rule 2.07.4(2)(c). A copy of our written Findings document was
enclosed with the letter to the Morgans. In addition, on the 25th of August, I left a voice message
on your home phone informing you and Mike Morgan of our proposed decision and of the letters
being mailed to you and to Mr. and Mrs. Morgan. A Public Notice announcing our proposed
decision appeared in the San Miguel Basin Forum (SMB Forum) on the 3'd and 100 of
September 2009, as required by Rule 2.07.4(2)(d). No objections to the proposed decision were
received by the Division, and the renewal was formally issued on 8-Oct-2009.
Office of Office of
Mined Land Reclamation Denver • Grand )unction 9 Durango Active and Inactive Mines