Laserfiche WebLink
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 />February 21, 2014 <br />Ms. JoEllen Turner and Mr. Michael Morgan <br />P.O. Box 346 <br />Nucla, CO 81424 <br />Re: Comment Letter — Permit Revision No. 8 <br />New Horizon Mine — Permit No. C -1981— 008 <br />Dear Ms. Turner and Mr. Morgan: <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I ON 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 />Thank you for your letter dated February 14, 2014. Thank you also to Ms. Turner for taking time to speak with me by telephone <br />yesterday about your concerns. I offer the following information for your records. <br />The Colorado Division of Reclamation, Mining and Safety (Division), Proposed Decision and Findings of Compliance (Findings) for <br />Permit Revision Number 8 (PR 8) contains the statement discussed in your letter because this is a required element of the Permit <br />Revision approval process per Rule 2.07.6(2). A negative finding at 2.07.6(2)(h) would prevent our approval of PR 8. The finding <br />speaks to regulatory conclusions separate from the Montrose District Court (Case Number 2010 CV 367) Judgment issued December <br />7, 2012. Please accept our assurance that we understand your concern and the Judgment is contained within the Division's public <br />documents for the New Horizon Mine. <br />With regard to the PR 8 applications materials, we approved the materials as submitted with the following revisions: <br />1. Map 2.05.4 -7 was revised to correct a typographical error. Specifically, the map label for Zone 7 was changed to correct the <br />average topsoil replacement depth from 8 inches to 7 inches. <br />2. Page 2.05.4(2)(d) -22 was revised to make the same correction for the Zone 7 topsoil replacement depth from 8 inches to 7 <br />inches. <br />3. As referenced in the Findings, Page 2.05.4(2)(d) -1 was revised to add the second paragraph acknowledging an extension of <br />the time needed to complete backfilling and grading. <br />We appreciate the communication between you and Tri -State regarding these changes before the documents were accepted for <br />approval. The list of revised materials shown on the Division's approval document indicates revisions to the previously approved <br />permit, not changes made to the PR 8 application materials. <br />As expressed yesterday, I thank you for your efforts, along with Tri - State, to negotiate the settlement agreement and the PR 8. <br />Please do not hesitate to contact me if you have any questions or need additional information. <br />Sincerely, <br />G "Berry <br />Berry <br />Director, Coal Regulatory Program <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />