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constructed outside of the permit area under a special use agreement, which included public <br />participation. The Colorado coal regulatory program's definition of "road" at 1.04(111) <br />specifically excludes public roads within or adjacent to the mining area. Therefore, Colorado's <br />regulatory program lacks jurisdiction over this road and cannot stipulate that the road be <br />incorporated into the permit or reclaimed to any specific standards. The county special use <br />permit requires Western Fuels to "conduct conflict resolution in accordance with the procedures <br />provided so as to effectively manage and mitigate citizen complaints that might arise from <br />operation of the mine." OSM is not aware of which procedures were provided and has no <br />jurisdiction in this matter. <br />You express a desire to see historical permit documents for the New Horizon Mine. Coal mining <br />permits in Colorado are dynamic documents which are regularly amended. After an amendment <br />is finally approved, revised pages are updated and old versions are not required to be retained. <br />This is meant to reduce confusion because the currently approved permit is what must be <br />implemented and enforced at any given time. OSM does not retain a copy of the New Horizon <br />Mine permit because it is a private mine (private surface and coal — OSM retains certain permit <br />documents only for mines with Federal surface or coal in primacy states such as Colorado). <br />DRMS may have archived permit documents available. However, this is not required and would <br />not constitute a deficiency on the part of DRMS if these documents were not available. Please <br />request specific permit documents from DRMS. In the event DRMS does not respond to you, <br />please indicate which version of specific permit sections, attachments, maps or other documents <br />you seek, and we will inquire with DRMS to see if archived versions are available. <br />Two of your fax transmittals, dated March 28, 2011, were forwarded to DRMS. One transmittal <br />specified it was not a complaint yet, the other requested we forward it to the Division because <br />they will not accept any faxes from you. Mr. Berry received these transmittals and indicated that <br />your assertion DRMS will not accept your transmittals is incorrect. Please direct future <br />correspondence intended for DRMS directly to DRMS. <br />If you have any further questions concerning these issues, please call me at 303 - 293 -5012. <br />Sincerely, <br />Kenneth Walker, Chief <br />OSMRE Denver Field Division <br />Enclosure <br />