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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 />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832 -8106 <br />19 October 2010 <br />R. Lance Wade, Mine Manager <br />Ross Gubka, P.E., Mine Engineer <br />Western Fuels — Colorado, LLC <br />P.O. Box 628 <br />Nucla, CO 81424 <br />Re: New Horizon Mine - Permit No. C- 1981 -008 <br />Permit Revision No. 6 (PR -6) <br />Transmittal of Objection to Proposed Decision <br />Dear Mr. Wade and Mr. Gubka: <br />COLORADO <br />D I v 15 1 ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Executive Director <br />Loretta E. Pi5eda <br />Director <br />As you know, the Division of Reclamation, Mining and Safety issued its proposed decision to <br />approve PR -6 on the I" of October. Written notice of the proposed decision was provided to <br />each party that had submitted comments during the review process. The Division has also <br />published public notice of the proposed decision in the San Miguel Basin Forum (appearing in <br />editions dated the 14 and 21S of October). <br />On Wednesday, 13 October 2010, a formal objection to the proposed decision (with a request for <br />a hearing before the Mined Land Reclamation Board) was received via facsimile from Ms. <br />JoEllen Turner. A copy of the objection letter is attached, for your records. Rule 2.07.4(3) <br />addresses the subject of formal hearings before the Board. The Board is next scheduled to meet <br />on the 17 and 18 of November, 2010, in Denver. The Division has added the objection to PR- <br />6 to the agenda for that meeting. <br />We will keep you apprised of this situation as it develops. Please do not hesitate to contact me <br />with any questions you may have. <br />Sincerely, <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />Enclosure — 1 <br />cc: Sandy Brown, DRMS <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />