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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />May 4, 2011 <br />Mr. Al Klein <br />Director, Western Region Office <br />Office of Surface Mining Reclamation and Enforcement <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202 <br />RE: Ten-Day Notice X11-140-182-003 <br />New Horizon Mine, C-1981-008 <br />Dear Mr. Klein: <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Division of Reclamation Mining and Safety (Division) has received the Office of Surface Mining <br />(OSM) April 26, 2011 letter (received on April 28, 2011) regarding the Division's April 8, 2011 response to <br />Ten-Day Notice (TDN) X11-140-182-003. OSM deemed the Division's response to Item 2 of the TDN to be <br />arbitrary and capricious. Item 2 addressed the public availability of permit records to inspect and to copy. <br />The Division respectfully requests an informal review of Item 2. <br />In the attached letter dated May 2, 2011, Mr. Christopher Kamper, the attorney representing Western Fuels <br />Colorado LLC (WFC), states that the Montrose County Courthouse Annex in Nucla does allow copying of <br />public records. County staff members will make the copies at a charge of 25 cents per single-sided page. <br />This policy was confirmed by the Montrose County Deputy Clerk and Recorder in the attached letter dated 2 <br />May 2011. The Montrose County Courthouse Nucla Annex is open to the public Monday - Friday, 8:30- <br />Noon and 1:00-4:30 pm. <br />Permit review documents for the New Horizon Mine are in a public facility that is accessible to local <br />residents to inspect and to copy. Furthermore, as stated in the Division's initial response dated April 8, 2011, <br />copies of all Permit Revision No. 6 materials were provided to the Morgan's and Ms. Turner by the Division <br />and WFC during the course of the review. This was done at the Division's and-W C`s ex ense. <br />The Division believes that TDN X11-140-182-003, Item 2 is now resolved and I request OSM verification <br />that no further action is required by either the Division or OSM. <br />Sincerely, <br />David A. Berry <br />Director, Office of Mined Land Reclamation <br />Attachments 1. May 2, 2011 Letter from Christopher Kamper, Lawyer Representing WFC <br />2. May 2011 Letter from Montrose County Deputy Clerk and Recorder <br />Office of <br />Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines