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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 />April 12, 2013 <br />Ross L. Gubka, P.E. <br />Western Fuels - Colorado, LLC <br />P.O. Box 628 <br />Nucla, CO 8 1424 <br />Re: New Horizon Mine (Permit No. C- 1981-008) <br />Permit Renewal No. 6 (RN -06) <br />Preliminary Adequacy Review <br />Dear Mr. Gubka: <br />COLORADO <br />D IV] S t ON Of <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Mickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pifieda <br />Director <br />Western Fuels - Colorado, LLC (Western Fuels) submitted an application for Permit Renewal No. <br />6 (RN -06) on November 13, 2012. This application was submitted in response to the Division's <br />August 27, 2012 letter which notified the company that the New Horizon Mine permit would <br />expire on August 18, 2013. <br />Completeness <br />The application was deemed to be complete, for purposes of filing, on November 23, 2012, and <br />the Division notified various Federal, State and Local entities of the application's completeness. <br />Public Notice of the application was published once weekly for four weeks (pursuant to <br />2.07.3 (2)) in the San Miguel Basin Forum (November 29 and December 6, 13, and 20, 2.012 <br />editions). Our records do not indicate that formal documentation of the notice has been <br />provided. Please submit Proof of Publication for the public notice with your adequacy <br />response to the Division. <br />Comments and Objections <br />The period for public comment extended for 30 days from the final publication of the Notice <br />(2.07.3(5)), and came to a close on January 19, 2013. <br />On November 30, 2012, JoEllen Turner alleged (via facsimile to OSM) that there were problems <br />with the information included in Western Fuels' public notice and that the RN -06 application <br />was not available for viewing at the Montrose County Nucla Annex. In response, Western Fuels <br />provided an affidavit from the Deputy County Clerk (dated December 7, 2012) confirming that <br />the application had been received and made available in the records room. On December 17, <br />2012, the Division issued a written response to Ms. Turner's complaint. <br />office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />