2008-01-11_REVISION - C1981008

• Permit No: C1981008
• IBM Index Class Name: REVISION
• Doc Date: 1/11/2008
• Doc Name: Telephone call from JoEllen Turner
• From: Mike Boulay
• To: File
• Type & Sequence: TR55
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215 COLORADO
Denver, Colorado 80203 DIVISION OF
Phone: [phone] RECLAMATION
FAX: [phone] MINING
SAFETY
MEMORANDUM Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
TO: File Division Director
n Natural Resource Trustee
FROM: Mike Boulay
DATE: January 11, 2008
SUBJECT: New Horizon Mine, Permit No. C-1981-008
Telephone Call from JoEllen Turner
On January 10th we received a phone call from JoEllen Turner regarding a new complaint
that Western Fuels-Colorado (WFC) is seeding a topsoil pile on land in an area that they
are not supposed to be and they are making a mess because there is three feet of snow on
the ground etc. After investigating the situation, I believe WFC did not violate any of our
Rules. It turned out that they were seeding the embankment of Pond 011 and a topsoil
pile (both just recently constructed). The land turned out to be Frank Morgan's and he
had been requested to vacate the land as required by their contractual agreement. WFC is
required to give a ninety day notice and this was given over a year ago when Pond 011
was approved with TR-54. JoEllen Turner (whom I believe is associated with Mike
Morgan) thought that WFC was doing final reclamation of the land, which the Morgan's
have the first right to do themselves. If they choose to do so, they would do it at the same
price as the farm contractor that WFC has selected. It turns out that they were not doing
final reclamation but required seeding of the pond embankments and topsoil pile as
required by our rules for erosion control and stabilization. I agree that the seeding should
not be done with all the snow cover. WFC was just trying to get it done because the pond
was just recently constructed.
In a final conference call I spoke with Mike Morgan (Frank Morgan's son) and JoEllen
Turner and was able to alleviate their concerns with this issue. I told them that WFC was
doing what they are required to do by our Rules to stabilize the new pond and topsoil
pile. Further we do not get involved in the contractual agreement between the Morgans
and WFC. If they feel that WFC is in violation of our Rules or our permit conditions
then they should put it in writing to us and we will conduct an inspection. They were
satisfied with that answer but went on to discuss a lengthy list of other complaints. Most
were the topsoil depth issues and revegetation plan changes that we have been working
office of office of
Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines