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Ms. JoEllen Turner <br />Box 346 <br />Nucla, Colorado 81424 <br />Ms. Turner: <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202 -3050 <br />NOV 2 9 2012 <br />RECEIVED <br />GEC 032012 <br />Division of Reclamation <br />Mining & <br />We received your telefaxed complaint dated November 22, 2012. Your submittal indicated that you <br />formally object to Permit Revision 7 (PR -07) for the New Horizon Mine permit C- 1981 -008. <br />The Division of Reclamation, Mining and Safety (DRMS) deemed the PR -07 application administratively <br />incomplete on October 29, 2012. Therefore, Colorado Rule 2.07.3(1) precludes that application from <br />being considered filed for the purposes of the Colorado Surface Coal Mining Reclamation Act. To <br />clarify, this application has not yet been accepted for filing and processing purposes. Therefore, we <br />believe your objection to PR -07 is premature. <br />Upon submittal of an administratively complete permit revision application, language within Rule <br />2.07.3(2) and (4) requires Western Fuels - Colorado (WFC) to publish public notification of the proposed <br />permit revision in a newspaper of general circulation in your locality for four consecutive weeks, and to <br />make a complete copy of the revision application available for public review and copying. In accordance <br />with the requirements of Rule 2.07.3(5), you may submit your comments and objections to the DRMS <br />within 30 days of the last publication noted above. If you wish to request an informal conference, please <br />note the requirements for requesting the conference under Rule 2.07.3(6). Please also be advised that <br />there is no provision within the federal program for granting an "OSM hearing" for this matter as was <br />requested within your above cited November 22 complaint. <br />DRMS has indicated that once an application has been received and deemed to be administratively <br />complete, DRMS plans to involve the Natural Resources Conservation Service (NRCS) and the Office of <br />Surface Mining Reclamation and Enforcement (OSM) in the subsequent review of PR -07. DRMS <br />remains the lead agency for permitting and compliance matters in Colorado. We at OSM will continue to <br />oversee this matter and will endeavor to ensure successful reclamation of your property in full accord <br />with the Colorado coal regulatory program. <br />Attachment: Rule 2.07.3 <br />Cc: David Berry, DRMS <br />Kenneth Walker, Chief <br />OSM Denver Field Division <br />