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Mine permit records are available at the mine office during regular business hours pursuant to <br />Colorado Rule 5.02.4(1). <br />On April 26, 2011, the DFD found the Division's response to be arbitrary and capricious because <br />the Montrose County Courthouse does not provide the public with the means to copy permitting <br />records, and a mine office does not qualify as a public facility that will be used by the public to <br />inspect and copy public records under Colorado Rule 2.07.3(4) (a). <br />In your May 4, 2011, response you presented additional information clarifying that the New <br />Horizon Mine permit documents are available during business hours and may be copied for <br />$0.25 per single -sided page at the Montrose County Courthouse Nucla Annex. You also <br />provided a letter from Danell Carter, Deputy Clerk and Recorder, Montrose County Courthouse <br />Nucla Annex. Ms. Carter confirmed that the facility is open to the public Monday through <br />Friday, 8:30 — 12:00 and 1:00 — 4:30. The public may access the business office during court <br />proceedings, and copies are available for $0.25 per page. The New Horizon Mine is located in <br />Nucla, Colorado, the same town as the Montrose County Courthouse Nucla Annex. <br />In our review of your revised response, we considered whether the terms of the regulatory <br />program are being met. Specifically, we evaluated your response in the context of Colorado <br />Rule 2.07.3(4) (a), which requires that permit applications be available for public inspection and <br />copying at a public office in the county where the mine is located. <br />Your response verifies that permit documents are in fact available for the public to inspect and <br />copy at the courthouse of the county where the mine is located. The Division has demonstrated <br />that Western Fuels — Colorado is in compliance with Colorado Rule 2.07.3(4) (a). On this basis <br />and in accordance with 30 CFR 842.11(b)(1)(ii)(B)(4)(i), I find that the Division has shown good <br />cause for not taking action to cause the possible violation to be corrected because the possible <br />violation does not exist. Based on the foregoing, Item 2 of TDN # X11 -140- 182 -003 is hereby <br />terminated and no further action is required on this matter. If you have any questions, please <br />contact me at (303) 293 -5012. <br />cc: Lance Wade, Western Fuels — Colorado <br />JoEllen Turner, landowner representative <br />Sincerely, <br />Kenn- alker <br />Chief, Denver Field Division <br />