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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />IN THE MATTER OF WESTERN FUELS-COLORADO LLC, NEW HORIZON MINE, <br />PERMIT No. C-1981-008. <br />DIVISION OF RECLAMATION, MINING AND SAFETY RESPONSE TO LETTER <br />OF OBJECTION AND REQUEST FOR FORMAL HEARING <br />The following is the Division's response to the letters of objection received from Ms. JoEllen <br />Turner and Mr. Michael Morgan dated October 13 and 21, 2010 regarding the proposed <br />approval of PR-06 for Western Fuels' New Horizon Coal mine. The Division issued its <br />proposed decision to approve PR-06 on October 1, 2010. Ms. Turner filed a letter of <br />objection on October 13, 2010. The Division published notice of the approval of PR-06 on <br />October 14 and 21, 2010. Ms. Turner submitted a second, and more detailed, letter of <br />objection on October 21, 2010.1 The 30 day public comment period ends on November 15, <br />2010. <br />The Division reserves the right to file additional pleadings in this matter specifically <br />addressing the issues raised by Ms. Turner. On October 25, 2010 counsel for Western Fuels <br />filed a response that requests that a pre-hearing conference be set to clarify the issues raised <br />in the objection letters that are relevant to PR-06 and within the jurisdiction of the Board. <br />The Division does not oppose the setting of such a pre-hearing conference, however, such a <br />conference must be set quickly to ensure sufficient time for the parties to prepare for the <br />formal hearing. Should the Board not convene a pre-hearing conference, the Division is <br />prepared to file a proposed hearing order to establish which issues raised by Ms. Turner the <br />Division believes are both relevant to PR-06 and within the Board's jurisdiction. This <br />proposed hearing order will also set the order and time allotted for party presentations. <br />Finally, in the alternative to setting a pre-hearing conference or reviewing proposed hearing <br />orders, the Board may issue its own hearing order that will provide the necessary structure to <br />this formal hearing. <br />In both letters of objection Ms. Turner makes some procedural requests from the Board. The <br />following is the Division position on these requests. <br />'In addition to tilling letters of objection, on August 23, 2010, Ms Turner, acting as Attorney in Fact for Mr. Frank <br />Morgan, filed a Civil Complaint against both Western Fuels and the State of Colorado alleging property dbunage. <br />Pursuant to C.R.S. 34-33-119(5) and Coal Rule 2.0?.4(3)(b)_ once an objection and request for hearing has been <br />received the hoard is required to set the matter for formal hearing within 30 days. The Division does not believe <br />that the pending civil matter precludes the Board from hearing the objection to PR-06.