2010-02-11_REVISION - C1981008 (3)

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C-1981-008 New Horizon Mine RN-05, TR-49, TR-57 Response to Objection Technical Revisions (,TR-49 and TR-57) 11 -Feb-2009 Page 2 of 2 For technical revisions, the public participation process is described in Rule 2.08.4(6)(b). The comment period deadline for technical revisions is 10 days after the initial publication. There is also a public comment period at the end of the process when the Division proposes a decision. Each proposed decision is published in the SMB Forum, with a ten-day public comment period provided. If a party objects to the Division's proposed decision, the party may request a hearing before the Mined Land Reclamation Board during the public comment period. For TR49, Public Notice of the Division's proposed decision to approve the revision was published in the SMB Forum on 1-Jan-2004. The public comment period came to a close on the 12`h of January. Approval of TR49 became final on 27-Apr-2004. No objection letters were received from the Morgans or from you during either comment period associated with TR-49. The initial publication for TR-57 appeared on 16-Apr-2008. A letter of objection to TR-57, signed by Frank Morgan, Patricia Morgan, Mike Morgan and you, was received by the Division two weeks later, on the 30`h of April. The review and modification process for the TR-57 application occurred over the next several months. On 4-Mar-2009, the Division issued its proposed decision to approve this revision. Public Notice of our proposed decision was published in the SMB Forum on 12-Mar-2009., The Division received written comments (objections) regarding TR-57 from Frank and Mary Lou Morgan, Mike Morgan and you in two separate letters, both of which were dated 18-Mar-2009. In accordance with Rule 2.08.4(6)(b)(iii), these objections resulted in the scheduling of a hearing before the Mined Land Reclamation Board (Board) for April (delayed to May) 2009. On I4- Apr-2009, a meeting was held in Nucla between the Morgans (including you), Western Fuels, and Division personnel to discuss TR-57 and the concerns you had expressed. As a result of that meeting, the objection to the Division's proposed decision to approve TR-57 was withdrawn in a letter signed by Frank and Mary Lou Morgan, Mike Morgan and you, dated 22-Apr-2009. Summary Division records for RN-05, TR-49 and TR-57 confirm that opportunities for public comment were provided in accordance with the Regulations. Comments and objections received by the Division were considered, addressed, and resolved to the apparent satisfaction of all parties. Please contact me with any questions you may have or to request additional clarification regarding this issue. Sincerely, Marcia L. Talvitie Environmental Protection Specialist cc: Western Fuels - Colorado Sandy Brown, DRMS