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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 />APPLICANT'S BRIEF OF ISSUES FOR PRE - HEARING CONFERENCE <br />Western Fuels — Colorado, LLC ( "WFC ") submits the following Brief of Issues for Pre - Hearing <br />Conference. This brief is intended to provide the Hearing Officer with a summary of the <br />arguments and issues that WFC intends to raise during the Conference. <br />I. Procedural History <br />The Division of Reclamation, Mining, and Safety (the "Division" or "DRMS ") recommended <br />approval of Permit Revision No. 6 ( "PR -06 ") on October 1, 2010. See, DRMS Proposed <br />Decision and Findings of Compliance, New Horizon Mine, Permit Revision No. 6 ( "DRMS <br />Findings "). JoEllen Turner submitted an objection letter on October 13, 2010, and an additional <br />letter on October 21, 2010. In an emergency telephone conference with all objectors present, the <br />Board determined that the October 21, 2010 letter warranted a formal hearing, set for November <br />17 -18, 2010, and so ordered on October 29, 2010. In the same order, the Board appointed the <br />Hearing Officer and set a Pre - Hearing Conference for November 3, 2010. Additional objection <br />letters had been received on October 26, 2010, and the Board ordered their inclusion in the Pre - <br />Hearing Conference and the formal hearing. Two more objections were received October 29, <br />2010. In a prior statement to the Board, WFC erroneously stated that the DRMS had "rejected" <br />the October 13, 2010 Turner objection letter in a communication to Ms. Turner. However, that <br />statement was simply a misunderstanding of the facts by undersigned counsel. <br />H. Issues Relevant to the Approval of Permit Revision No. 6 <br />WFC submits that the issues properly before the Mined Land Reclamation Board (the "Board ") <br />are those issues that arise under the statutory criteria applicable to such permit revisions under <br />the Colorado Surface Coal Mining and Reclamation Act, CRS §§ 34 -33 -101 et seq. These issues <br />are thoroughly and adequately addressed in the DRMS Findings. At the Hearing set for <br />November 17 and 18, 2010, WFC intends to present evidence concerning the compliance of PR- <br />06 with those criteria. In particular, WFC. intends to present evidence of the economic benefits <br />of the New Horizon Mine to the local community, and to the extent travel can be arranged to <br />Denver, WFC may present testimony from its employees, community leaders, and area <br />landowners. <br />111. Responses to the Objection of JoEllen Turner, submitted October 21, 2010. <br />WFC was primarily motivated to request the Conference because of the extensive nature of the <br />comments submitted by Ms. Turner in her objection letter of October 21, 2010 (the `Turner <br />I <br />