Laserfiche WebLink
COLORADO MINED LAND RECLAMATION BOARD <br />In Re: Western Fuels Colorado, LLC <br />New Horizon Mine, Permit No. C -1981 -008 : <br />Technical Revision No. 61 <br />STIPULATION AND WITHDRAWAL OF REQUEST FOR HEARING <br />The undersigned parties, hereby stipulate and agree as follows with respect to the <br />hearing request filed by Joellen Turner, Michael Morgan, Frank Morgan, and Mary Lou <br />Morgan (the "Objectors ") in connection with Technical Permit Revision Number 61 <br />submitted by Western Fuels Colorado, LLC ( "WFC "), and pertaining to the New Horizon <br />Mine. <br />1. Objectors sought a hearing before the Board out of concern with the scope of <br />TR61 and its effect upon pending litigation and/or other permitting actions by the <br />Division of Reclamation, Mining, and Safety ( "DRMS "). <br />2. Representatives of the Objectors, WFC, and DRMS have conferred with respect <br />to the hearing request and their interpretations of the scope of TR61 and, as a result, all <br />parties agree that the Objectors' hearing request is hereby withdrawn, and the December <br />7, 2011 hearing shall be vacated, subject to the clarifying stipulation to be inserted into <br />TR61, as set forth below. <br />3. TR61 is hereby amended to include the following clarifying language: <br />"Reclamation plans for the Morgan property may be revisited, depending upon the <br />analysis of data from the Soil Sampling and Analysis plan or other sources. <br />Modifications to reclamation plans will be reviewed by DRMS pursuant to future permit <br />modification procedures. The withdrawal of the hearing request by Objectors with <br />respect to TR61 is without prejudice to any position the Objectors may take in the <br />litigation between the parties or the appeal of PR -06 now pending in the District Court, <br />Montrose County, Colorado Case Nos. 10CV 367 and 10 CV 548, or with respect to any <br />future permitting action by DRMS. Submittal of TR61 is without prejudice to any <br />position WFC may take in the referenced litigation or in future permit actions by DRMS, <br />and does not constitute an admission by WFC with respect to the authority of the federal <br />Office of Surface Mining to require changes to any WFC mining permit." <br />