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Summary <br /> The Review Process <br /> The New Horizon 1 and 2 Mines , formerly Nucla and Nucla East, were purchased <br /> from Peabody Coal Company by Western Fuels-Colorado, a Limited Liability <br /> Company. The transfer of ownership and succession of operator was completed on <br /> May 15, 1992 . Both mines are located in Montrose County (Figure 1 ) . <br /> The original permit for C-81-008 was submitted by Peabody on January 9, 1981 <br /> and was approved by the Division on April 14, 1983. The permit was <br /> subsequently renewed for an additional 5 year term by the Division in May of <br /> 1988. On April 29, 1988, Peabody submitted a Permit Revision to add an <br /> additional 220 acres to the permit (formerly Nucla East, now New Horizon <br /> Mine 2) . This revision was approved on February 28, 1989. <br /> On August 26, 1992 , the Division sent Western Fuels the required notice <br /> pertaining to the expiration of Permit No. C-81-008 on May 26, 1993. The <br /> Permit Renewal No. 2 application was received on November 24, 1992 and was <br /> deemed complete on December 3, 1992. Western Fuels-Colorado began publishing <br /> the public notice of the renewal application on December 10, 1992 in the <br /> San Miguel Forum. <br /> One hundred sixty pre-blast surveys were received by the Division from studies <br /> done by Vibra-Tech working for Western Fuels to meet the requirements set out <br /> by the Rules and Regulations . Only one letter was received by the Division <br /> during the public comment period. This letter stated concerns about dust <br /> control and was answered by the Division with copies of New Horizon' s Dust <br /> Control Plan and a copy of their Air Emissions Permit. A subsequent follow-up <br /> by telephone was made and the residents stated they were pleased with the <br /> results of the plan. <br /> In addition to the above concern, the Division had adequacy concerns addressed <br /> in a February 3, 1993 letter to Western Fuels . During the course of the <br /> review, several meetings were held addressing these and other concerns that <br /> arose and, with the exception of the stipulations listed above, all issues <br /> have been adequately addressed by the Division. <br /> Stipulation No. 9 <br /> By August 1 , 1993, Western Fuels-Colorado will submit a permit revision <br /> modifying the old Peabody permit to reflect a reclamation only permit for <br /> the New Horizon Mine 1 area. All baseline and historical information <br /> shall be retained in this new permit. Upon completion of this permit, <br /> references to the "Peabody Permit" in the New Horizon Mine 2 permit shall <br /> be changed to reflect the new reclamation only permit . <br /> Description of the Environment <br /> Introduction <br /> The New Horizon Mine 1 permit area encompasses 426.6 acres . The New Horizon <br /> Mine 2 area encompasses 219.9 acres for a total permit area of 646.5 acres . <br /> -3- <br />