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STATE OF COLORADO <br />DIVISION Of RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman SL, Room 215 <br />Denver, CulOmda 80203 C O L O R A D O <br />Phone: (303) 866 -3567 0 I v 1 $ 1 o N o r <br />FAX: (303) e32a 106 RECLAMATION <br />MINING <br />INI <br />SAFETY <br />20 Much 2009 <br />Ross L Gubka, P.E. <br />Western Fuels - Colorado, LLC <br />P.O. Box 628 <br />NLLLIa, CO 81424 <br />61II Rid, Ir <br />cwemnr <br />Hams D, sher,nan <br />E.,nrive Director <br />Ronald W. Canary <br />Dimmer Do., <br />Natural Resourrr. nun, <br />Re: New Horizon Mine - Permit No. C- 1981 -008 <br />TR -57 - Soils Resource Information and Topsoil Redistribution <br />Transmittal of Objection Letters Received <br />Dear Mr. Gubka: <br />The Division of Reclamation, Mining and Safety proposed its decision to approve Technical Revision No. <br />57 (TR -57) on 04 March 2009. The Public Notice announcing the proposed decision appeared in the San <br />Miguel Basin Forum on Thursday, 12 March 2009. <br />Rule 2.08.4(6)(b)(iii) states, in part, "The applicant or any person with an interest which is or may be <br />adversely affected may request a hearing by the Board. The request for a hearing must be received in <br />writing by the Division within 10 days after such publication and shall contain a brief and plain statement <br />of facts which indicate the requestor may be adversely affected, and briefly summarize the issues to be <br />raised by the requestor at the hearing. if properly requested under the provisions of this subsection, a <br />hearing shall be held at the next regularly scheduled Board meeting..." <br />The Division yesterday received two separate letters from Mr. Frank Morgan and his family, which <br />comment upon the process and details of TR -57. The letters are attached, for your records and reference. <br />Because the letters were received within the prescribed 10-day period, the Division considers these <br />objections to constitute a request by the Morgans for a formal hearing by the Mined Land Reclamation <br />Board. The next meeting of the Mined Land Reclamation Board is scheduled for Wednesday, April 8 -9, <br />2009 at 1313 Shemin Street in Denver, Room 318. A list of witnesses, exhibits and 15 copies of all <br />documents that the parties wish to present for consideration at the formal hearing must be received by the <br />Board no later than noon on Friday, 27 Much 2009. <br />Best regards, <br />�¢lGl <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />• Enclosures - (2) <br />cc: San Miguel County - Nucla Annex <br />Mr. and Mrs. Frank Morgan, Mike Morgan, JoEllen Turner <br />Office of <br />(1FRev M <br />