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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 />O L O <br />Denver, Colorado 80203 p <br />DIVISION OF <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br /> Bill Ritter, Jr. <br />03 March 2010 Governor <br /> Harris D. Sherman <br /> Executive Director <br /> Ronald W. tt <br />JoEllen Turner and Michael Morgan Division Direrector <br />or <br />P.O. Box 346 Natural Resource Trustee <br />Nucla, CO 81424 <br />Re: New Horizon Mine - Permit No. C-1981-008 <br />PR-06 - Response to Comments Received <br />Dear Ms. Turner and Mr. Morgan: <br />Thank you for taking the time to prepare and present oral comments at the Informal Conference <br />held on the 18th of February at the Nucla Fire Hall. The Division is continuing the review <br />process for the PR-06 application prepared by Western Fuels, and pertinent comments provided <br />by the various landowners, neighbors, and citizens are being considered. I would like to take this <br />opportunity to clarify the Division's process and progress related to certain issues that you have <br />raised, itemized below. <br />1) In addition to the numerous letters of objection you submitted to the Division during the <br />public comment period, you presented additional information at the Public Hearing and <br />mailed a follow-up letter to the Division's Grand Junction office. On more than one <br />occasion, you have stated that you do not believe the Division is reading your letters. <br />Please be assured that all letters have been read and that the comments shared at the <br />meeting were heard and are being considered in the review process. <br />2) You have requested that "several more" informal public hearings be held. The Rules do <br />not make provision for additional public meetings during this phase of the review <br />process. There will be an opportunity to request a formal hearing before the Mined Land <br />Reclamation Board when the Division proposes a decision. We will provide notice of <br />our proposed decision to all persons who submitted comments and publish the proposed <br />decision in the San Miguel Forum. As set forth in Rule 2.07.3(3)(x), "Any person with <br />an interest which may be adversely affected by the proposed decision may request a <br />formal hearing before the Board on the proposed decision. Such request must be made <br />within 30 days of the first publication of the proposed decision of the Division, be in <br />writing, and state with reasonable specificity the reasons for the request and the <br />objections to the proposed decision." <br />Office of Office of