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n <br />) 0A b - 50:4 <br />( ?0b <br />• 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. 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 />(6llowing is the Division position on these requests. <br />In addition to fi ing letters of objection, on August ?1 2010, Ms Turner. acting as Attorney in Fact for Mr. Frank <br />�:4vZ`c.3'1,Id 3 %.:lii {'C't31Fetr9t €3Z - :a`�t e r Y F's; S a• t ;3 �; �: Ji°s"3i' i''%.t. = -._ <br />� 's€bTvt �i z"tnd tJ'#e.; ;tat" !3f �4?i�r%�d• ` �.�� "t€z ''s'`;4 '�`3„=? <br />Pursuant to C.R.S. 4 -3.3 -1 190) and Coal €yule. 2 G(' )ft' j. once an ob ection and request fkw hearing has been <br />. <br />received the Board is required to set the matter for f6mia( hewring within 10 days. The Division des not believe <br />that the pending civil ;natter Precludes- the Board from, hearing the objection to P11-06+. <br />