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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 />June 20, 2012 <br />David Anderson, P.L.S. <br />Western Fuels - Colorado, LLC <br />12050 N. Pecos St., Suite 100 <br />Westminster, CO 80234 <br />Re: New Horizon North Mine (Permit No. C- 2010 -089) <br />New Permit Application - Issuance <br />Dear Mr. Anderson: <br />COLORADO <br />Q I V I S I O N O F <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 />Enclosed you will find two signed Colorado Division of Reclamation, Mining and Safety Permit <br />Documents. An authorized representative of Western Fuels - Colorado, LLC needs to sign both <br />documents and have them notarized. One must be returned to the Division at the above address; <br />the other must be kept on file at the mine office. <br />Please be aware that issuance of the permit will initiate time frames of any enclosed stipulations to <br />the permit. Stipulations, if any were imposed upon the permit, are listed in a rider to the permit. <br />All other enclosed commitments are also in effect as of the permit issuance. <br />As you are aware, the Division received many timely letters of comment from interested persons, <br />both objecting to and in support of approval of the application. However, none of the letters <br />specifically or expressly requested that a formal hearing be set before the Mined Land <br />Reclamation Board as outlined in §34 -33- 119(4) of the Colorado Surface Coal Mining <br />Reclamation Act and Rule 2.07.4(3)(a). Although the comments and objections were taken into <br />consideration, the Division has determined that the letters of objection did not trigger the formal <br />hearing process set forth in §34- 33- 119(5) and Rule 2.07.4(3)(b). Therefore, the approval of the <br />application by the Division constitutes final agency action in this matter. <br />If you have any questions, please contact me. <br />Sincerely, <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />Enclosures <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />