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Top y, United States Department of the Interior 0_000F& <br />O <br />�j OFFICE'OF SURFACE NUNWG <br />' Reclamation and Enforcement <br />y ,§ Western Region Office <br />4RCH 3 �$ 1999 Broadway, Suite 3320 <br />Denver, CO 80202 -3050 <br />October 26, 2010 <br />'Ms. JoEllen Turner <br />26540 Bb 27 Rd. <br />Nucla, Colorado 81424 <br />Dear Ms. Turner: <br />We received your letter and accompanying materials dated October 12, 2010. -You submitted <br />the letter as a citizen complaint. We have reviewed the letter and each of the issues you raise. <br />Under our regulations citizen complaints are considered requests for Federal inspections which <br />can result in the issuance of notices of violations to the permittee. • Where the State administers <br />the regulatory program we must provide the State. notice and ten days to respond. We would <br />not conduct an inspection if the State takes appropriate action or shows good cause for not <br />taking action. Before we take any -action, the complaint must provide reason to believe that <br />there exists a violation of the State program. <br />For reasons stated below, we do not believe your complaint gives W reason to believe that a <br />violation, of the Colorado program exists. We are not sending the Colorado Division of <br />Reclamation, Mining and Safety (DRMS) a ten day notice (TDN) and we are not conducting a <br />Federal inspection. <br />Your lettef raises many of the issues that were contained in your complaint submitted in <br />March 2010. These issues were the subject of•a ten day notice (TDN) sent to DRMS dated <br />April 1, 2010. • As- You know I accepted Colorado's response that no violation existed. • You <br />appealed my decision to Regional Director, Allen Klein. In a letter to you dated June 9, 2010, <br />Mr. Klein stated in his view a final resolution of the prime farmland soils matter. cannot, and <br />should not, be determined until a final decision is made by the DRMS on WFC's pending <br />permit revision application PR -6. As a result, Mr. Klein proposed and you agreed that he delay <br />his final response to your request for informal review pending the State's final decision on <br />PR -6. <br />You also raise issues contained in your citizen complaint dated October 6, 2010. These <br />concerns were subject of a TDN sent to DRMS dated October 8, 2010. In a letter to you dated <br />October 25, 2010, I sent you my review findings of the response received from DRMS. In <br />addition you contend that Western Fuels does not have right of entry. • DRMS has -no authority <br />to adjudicate property title disputes. The remainder of your complaint raises issues with the <br />current permit *revision, PR -6. <br />