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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 />December 17, 2012 <br />Ms. JoEllen Turner <br />Box 346 <br />Nucla, CO 81424 <br />Re: New Horizon Mine, Permit No. C- 1981 -008 <br />Response to Fax Received November 30, 2012 <br />Dear Ms. Turner: <br />The Division of Reclamation Mining and Safety (DRMS) received your objection to the permit renewal for the New <br />Horizon Mine. The complaint was received by fax on November 30, 2012. <br />Applications for permit renewal are reviewed according to the requirements set forth in Rule 2.08.5(2). The public <br />notice requirements are set forth in Rule 2.07.3(2). Western Fuels Colorado (WFC) has met the regulatory <br />requirements. A response to each of your numbered complaints is listed below. <br />1. The permit renewal number is not required for the public notice. <br />2. The public notice contains a proper legal description that describes the permit boundaries. <br />3. The notice of completeness for the renewal application was sent by the DRMS on November 23, 2012. The <br />completeness date is considered the filing date. Regulatory review timeframes are based on the filing (or <br />completeness) date. <br />4. The regulatory review timeframes and the public comment period are similar, but they are not the same. Public <br />comment periods are based on the publication dates in the local newspaper. The applicant is required to publish <br />the public notice after the DRMS finds the application complete. For permit renewals, the applicant is required <br />to publish the notice once a week for four weeks and the public comment period is open for 30 days after the <br />last publication. Comments must be received by the DRMS by the 30 day after the last publication. <br />5. Western Fuels - Colorado, LLC provided documentation to the DRMS that a second copy of the permit renewal <br />application was available at the Montrose County Courthouse in Nucla on December 7, 2012. The Courthouse <br />documented that a previous copy had already been received in the records room. A copy of the WFC <br />documentation is attached to this letter. A DRMS inspection on December 12, 2012 also confirmed that a copy <br />of the renewal application was available at the Montrose County Courthouse. <br />The Division finds that Western Fuels Colorado is in compliance with the requirements for applications for permit <br />renewal. <br />Sincerely, <br />Sandra L. Brown <br />Sr. Environmental Protection Specialist <br />Attachment – WFC RN -06 Application Verification <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />—&— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta Pineda <br />Director <br />Office of Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />