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~IIIIIIIIIIIIIIIIDI <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7373 Sherman St.. Room 275 <br />Denver, CO 80203 <br />303 866-3567 <br />Fax~303 832-8706 <br />September 1, 1992 <br />Mr. Robert Hagen <br />Office of Surface Mining <br />Reclamation and Enforcement <br />625 Silver Avenue SW, Suite 310 <br />Albuquerque, New Mexico 87102 <br />RE: Mine-Site Evaluation Inspection Report, Western Fuels-Colorado, <br />New Horizon Mine, Permit No. C-81-008 <br />Dear Mr. Hagen: <br />pF p0~ <br />4: ? <br />~` _ 9p <br />He/' <br />Q X10 <br />~~..1~;. <br />. L.~; <br />~ reT6 <br />Roy Romer, <br />Gavemor <br />Michael B. Long, <br />Div~s~on Dnec:or <br />We are in receipt of the August 13, 1992 OSM MEIR for the New Horizon Mine developed <br />by Gary Fritz of your office (copy enclosed). In reviewing the narrative, we came across <br />an item of interest that we would like to have clarified. <br />On page 2 of the narrative, the following discussion regards a wetland near certain <br />regraded slopes: "There are several springs above the north end of the reclaimed area that <br />have formed a wetland near the regraded slopes ...This wetland cannot be allowed to <br />form on reclaimed slopes. If the area extends on to those slopes without regulatory <br />approval, it is a violation." <br />While we are currently unaware of any Federal citation describing the presence of <br />wetlands on reclaimed slopes as potential violations, we most certainly do not wish to <br />overlook our duties in exercising our regulatory authority. Could you please provide us <br />with the references from both the Code of Federal Regulations and the Public Law that <br />addresses this topic? We will be glad to review them with our staff as we receive them. <br />Thank you. <br />Sincerely, <br />~' - <br />i / ! - <br />Daniel I. Hernandez ~}~ <br />Senior Reclamation Specialist - <br />DIH/yjb <br />Enclosure <br />cc: Steven G. Renner, DMG <br />m:\oss\yjb\osmdoc <br />