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September 14, 2016 <br />Mr. Brock Bowles <br />Colorado Division of Reclamation Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 Certified Return Receipt Mail #7016034000101795749 <br />RECE:R VED <br />SEP 19 2016 <br />USION OF RECLAMATION <br />MINING ANI) SAFETY <br />RE: New Horizon Mine (Permit No. C-1981-008), Technical Revision No. 75 (TR -75) <br />Dear Brock; <br />We are in receipt of your letter dated September 9, 2016 for TR -75. <br />GW46 Irrevocable Trust, (hand delivered its comments to TR -75 to you on August 16th, 2016 at the New <br />Horizon Mine Office) who owns 131.84 acres (Montrose County Assessor Parcel Number 4269-062-00- <br />014), and approximately the northern 91 acres are included in Permit Number C-1981-008 under a lease <br />to Elk Ridge Mining and Reclamation, LLC fka: Western Fuels -Colorado, LLC's (New Horizon Mine). <br />We have enclosed a copy of a photo showing the "irrigated pasture land" dated 7/1/1993, which was <br />prior to the construction of the haul road crossing our parcel of land in 1996, and what our land looks <br />like with the haul road in the aerial photo taken on 4/4/2015. <br />GW46 Irrevocable Trust requests DRMS require New Horizon Mine to return all the lands back to <br />irrigated pasture lands as they were prior to mining operations, leaving "NO" haul road or access road <br />across our land. Just because TR -75 is economical for the New Horizon Mine, it is not an excuse for <br />DRMS to approve it. It definitely is not in the best interest of the land owner or the general public. <br />In 2012, the Coal mine sued the land owner in district court to flex their pocket book and saying they <br />were required by the State of Colorado that they had to control and fully reclaim the haul road that <br />crosses our land. Now the coal mine is attempting to use TR -75 to save on their pocket book and <br />burden the land owner with the opposite reclamation excuses they used in district court to control our <br />property. Please hold the Coal mine responsible for their actions and what is required under the Act and <br />the Rules and Regulations. <br />If we do not receive a result satisfactory to us, we will elect to move forward with a formal hearing. <br />T <br />consideration. <br />#nmy R. Guire II, Trustee <br />GW46 Irrevocable Trust <br />P.O. Box 587 <br />Nucla, CO 81424 <br />2 attachments: 1.) 7/1/1993 aerial photo 2.) 4/4/2015 aerial photo <br />