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Summary <br /> <br /> <br />The Review Process <br /> <br />The proposed New Horizon North Mine is located in western Montrose County approximately <br />three miles northwest of the town of Nucla (Figure 1). The permit area incorporates 322 acres, <br />282 acres of which will be disturbed. Surface and mineral rights are privately owned. <br /> <br />The initial permit application was submitted on September 28, 2010 by Western Fuels – <br />Colorado, LLC (WFC), and assigned application number C-2010-089. The application was <br />deemed incomplete on October 8, 2010. WFC resubmitted the application on October 22, 2010 <br />and the DRMS deemed it complete on October 26, 2010. Notice of the new application was sent <br />to several Federal Agencies including: the Office of Surface Mining (OSM), the Natural <br />Resource Conservation Service (NRCS), the U.S. Fish and Wildlife Service (USFWS) and the <br />U.S. Army Corps of Engineers (USACE). State agencies notified were: Colorado Historical <br />Society (CHS), Division of Wildlife (DOW), Division of Water Resources (DWR), Colorado <br />Department of Public Health and Environment (CDPHE) – Water Quality Control Division <br />(WQCD), and the CDPHE Air Quality Control Division (APCD). Locally, the Montrose County <br />Commissioners and Planning Board were notified. Public Notice of the proposed application <br />was published in the San Miguel Basin Forum for four consecutive weeks on October 28 and <br />November 4, 11, and 18, 2010. Proof of publication was received by the Division on December <br />10, 2010. The comment period ended on December 20, 2010. <br /> <br />During the public comment period, the Division received several comments. In a letter dated <br />November 19, 2010, the CHS made a finding of ‘no historic properties affected’. The DWR <br />commented in a letter dated November 23, 2010 that well permits are needed for monitoring <br />wells and the facility well. DWR also noted that any changes to the Second Park Lateral Ditch <br />would need to be coordinated with the ditch owner and the water commissioner to ensure the <br />project does not injure other water users. WFC followed up on the DWR letter by applying for <br />the needed permits; the permits were subsequently issued on May 25, 2011. WFC also <br />committed to coordinate with the necessary entities prior to making any modifications to the <br />irrigation ditch. A Ditch Relocation Agreement between WFC and the Colorado Cooperative <br />Company (CCC) was signed on December 5, 2011. On November 22, 2010, Montrose County <br />commented that a Special Use Permit (SUP) is required. WFC applied for the SUP on <br />September 2, 2010 and it was issued on April 4, 2011. The DOW provided comments after the <br />close of the comment period, on March 25, 2011, regarding threatened and endangered species. <br />This is further addressed in the wildlife section of this document. Public comments were <br />received from JoEllen Turner and Michael Morgan on November 3, 2010. Their letter addressed <br />concerns with the public notice and with the land use classification. The comments were <br />considered during the permit review process. Another comment letter was received from Bob <br />and Beth Starks on November 8, 2011. Concerns with the close proximity of mining to their <br />home were expressed. The Starks subsequently withdrew their comments on April 8, 2011. <br /> <br />The preliminary adequacy letter was issued on December 24, 2010 with supplemental letters sent <br />on January 5, 2011 and February 18, 2011. WFC responded to all issues identified in a letter <br /> <br /> <br /> <br />3 <br /> <br />