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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />ORDER <br />IN THE MATTER OF WESTERN FUELS - COLORADO LLC' S, APPLICATION FOR <br />PERMIT REVISION NO. 6 WHERE AN OBJECTION HAS BEEN RECEIVED TO THE <br />DIVISION'S PROPOSED DECISION, File No. C-1981-008 <br />This matter, came before the Mined Land Reclamation Board ("Board") during its <br />November 17-18, 2010 Board meeting. The Board considered the Division of Reclamation, <br />Mining and Safety's ("Division") proposed decision to approve Western Fuels - Colorado <br />LLC's ("Western Fuels") New Horizon Mine Permit Revision No. 6, where objections were <br />received. Chris Kamper, Esq. appeared on behalf of Western Fuels. Sandy Brown, Marcia <br />Talvitie, and Assistant Attorney General Jeff Fugate appeared on behalf of the Division. <br />JoEllen Turner and Michael Morgan (the "Objectors") appeared on their own behalf. <br />The Board, having considered the parties' testimony and presentations enters the <br />following: <br />FINDINGS OF FACT <br />1. Western Fuels operates a surface coal mine located in Section 36 Southeast '/ of <br />Southeast %, Township 47 North, Range 16 West, New Mexico Principal Meridian. The <br />827.44-acre New Horizon Mine is located west of Nucla, in Montrose County, Colorado. <br />2. The New Horizon Mine was originally permitted in 1981, under a different name <br />and operator. The permit was transferred to Western Fuels in 1992. A thorough history of <br />the permit is set out in the Division's October 1, 2010 Proposed Decision and Findings of <br />Compliance for the New Horizon Mine, C-1981-008 ("Proposed Decision"), for Permit <br />Revision No. 6 ("PR-6"). See Proposed Decision pp. 4-5. <br />3. Western Fuels submitted PR-6 in response to two stipulations in November 2009. <br />PR-6 addresses land use designations, revegetation plans and standards, prime farmland <br />standards, sediment control, and post-mining topography. Western Fuels also proposed <br />changes to topsoil salvage and replacement plans approved in a previous technical revision. <br />The majority of the proposed changes involve land parcels west of 2700 Road owned by the <br />Morgan, Benson, and Lloyd families. <br />4. In September 1998 Western Fuels entered into a coal mining lease with Frank and <br />Mary Lou Morgan. The leased area includes 108-acres inside the mine permit area. Western <br />Fuels began actively mining the Morgan's property in 2004. <br />Western Fuels <br />Order <br />C-1981-008