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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 />08 November 2010 <br />R. Lance Wade Chris Kamper <br />Ross Gubka, P.E. Carver Schwarz McNab & Bailey, LLC <br />Western Fuels- Colorado, LLC Hudson's Bay Centre <br />P.O. Box 628 1600 Stout Street, Suite 1700 <br />Nucla, CO 81122 Denver, Colorado 80202 <br />Re: New Horizon Mine — Permit No. C- 1981 -008 <br />Permit Revision No. 6 (PR -06) <br />Transmittal of Comments Received <br />Dear Sirs: <br />COLORADO <br />D I V IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />James B. Martin <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Division issued a proposed decision to approve PR -06 on October 1, 2010. Public Notice of the <br />decision was published in the San Miguel Basin Forum on October 14 and 21, 2010 in accordance with <br />Rule 2.07.4(2)(d). Rule 2.07.4(3)(a) establishes the time frame within which a request for a formal <br />hearing may be made by any person with an interest which may be adversely affected by the proposed <br />decision. In the case of PR -06, any such request must be made no later than Monday, 15 November 2010. <br />As you are aware, on 21 October 2010, the Division received a request for a formal hearing from Ms. <br />JoEllen Turner and Mr. Michael Morgan. In order to comply with regulatory timeframes, the matter will <br />go before the Mined Land Reclamation Board at the scheduled November 17 -18 2010 hearing in Denver. <br />The Division has also received numerous comments from members of the community who support the <br />decision to approve PR -06. Copies of those letters and emails from the parties listed here are attached, for <br />your records. <br />Mike and Carol Childress <br />Charlie and Leah Christen <br />Denny Erwin <br />Penny Gabardi <br />John J. Gist <br />Matthew J. Nicholas <br />Robin W. Scheuerman <br />Mindy Sickels <br />Freddie and Ailene Smith <br />Betty J. Stephens <br />Melissa L. Lampshire Sandy W. <br />Tanya and Harley Narramore <br />Kelly Truelock, Rocky Mountain Real Estate Norwood <br />Nucla Town Board <br />West End Board of Education - Stephen Yost, Superintendent <br />Sincerely, <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />cc: Sandy Brown, DRMS <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />