2014-01-22_ENFORCEMENT - C1981008 (2)

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o United States Department of the Interior oG�FSU�RF�F�, /2� = O FFI CE OF SURFACE M INING Reclamation and Enforcement v �� Western Region Office �9ri�NAND ENFO� 1999 Broadway, Suite 3320 Denver, CO 80202 -3050 JAN 17 2014 RECEIVED David Berry JAN 2 .' 2014 Director, Coal Regulatory Program Colorado Division of Reclamation, Mining and Safety Division of Reclamation, 1313 Sherman St. Room 215 Mining & Safety Denver, Colorado 80203 Re: TDNs #X10 - 140 -182 -003, #X11- 140 - 182 -001, #X11- 140 -182 -002, #X11-140-117-00 1, and #X11- 140- 182 -003, Western Fuels, New Horizon Mine, Permit# C- 1981 -008 Dear Mr. Berry: By letter dated September 19, 2013, JoEllen Turner and Frank, Mary Lou, and Michael Morgan withdrew all complaints they previously submitted to your and my offices pertaining to the New Horizon Mine. My office had previously transmitted several of those complaints to your office through a series of Ten Day Notices (TDNs). These TDNs were #X10 - 140 -182 -003, #X10- 140 - 377 -004, #X11 -140- 182 -001, #X11 - 140 - 182 -002, #X11 - 140 -117 -001, #X11 -140- 182 -003, and #X11 - 140 -532 -001. We received timely responses from you regarding all allegations outlined in the TDNs and have made determinations of appropriate action or good cause under 30 CFR 842.1 l(b)(1)(ii)(B)(3) and (4) on 5 of the 24 potential violations identified. Because these complaints have been withdrawn, we are now terminating the remaining TDNs ( #X 10 -140 -182 -003, #X 11 -140 -182 -001, #X 11- 140 - 182 -002, #X 11 -140- 117 -001, and #X11 - 140 - 182 -003). We understand that you are currently reviewing and processing the permit revisions (PR -8) stipulated in the July 3, 2013 Settlement Agreement between Western Fuels- Colorado and the Turner / Morgans. We do not intend to review the PR -8 application because the landowners' complaints have been withdrawn and you have not requested technical assistance from this office. We further understand the PR -8 application addresses concerns previously identified in our review of PR -6 completed on May 11, 2011. If any future problems regarding the New Horizon Mine are brought to our attention, we will work with you to resolve them through mandated oversight procedures. If you have any questions, please contact me at (303) 293 -5012 or Christine Belka of my staff at (303) 293 -5020. Sincerely, ow" 14_4KW� Alan Boehms, Chief OSMRE Denver Field Branch Cc: Rick Wolney, Western Fuels- Colorado Michael Morgan & JoEllen Turner, Landowner Representatives