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P�(�ENT OFty' United States Department of the Interior tM�r <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement o <br />• �4ACH 3 �BA� Western Region OfficeF <br />1999 Broadway, Suite 3320 �su� <br />Denver, CO 80202 -3050 <br />David Berry <br />0 1 APR ZO►� <br />Director, Coal Regulatory Program <br />Colorado Division of Reclamation, Mining and Safety � 'ZOO <br />1313 Sherman St. Room 215 �1Q1Q <br />Denver, Colorado 80203 PQR <br />Dear Mr. Berry: '0�wv 011111 Sod <br />Enclosed is a Ten Day Notice (TDN) we have prepared as a result of a citizen complaint that <br />alleges violations at the New Horizon Mine located in Nucla, Colorado. The complaint raises <br />numerous concerns with the permit and reclamation at the New Horizon Mine. Its primary <br />concern involves the Morgan property. We have determined the violation alleged is that <br />reclamation of the Morgan property does not meet requirements of the Colorado regulatory <br />program. Please respond as directed in 30 CFR 842.11 within ten business days by taking <br />appropriate action to cause the violation to be corrected or to show good cause for such failure. <br />Appropriate action and good cause are explained in 30 CFR 842.11(b)(3) and (4). <br />The complaint cites procedural regulations for permit revisions that were not followed. The <br />complaint maintains the Morgan property is prime farmland and that mining and reclamation has <br />been conducted without regard to prime farmland standards. The complaint raises questions <br />about the permitting process for the Morgan property including determinations of pre and post <br />mining land use, soils, and the prime farmland determination. While the complaint raises <br />numerous concerns, your response must address the alleged violation described above. <br />However, in order to understand the reclamation requirements for the Morgan property I believe <br />your response should describe the steps and decisions that were made in the process to issue, <br />amend and renew the permit for the New Horizon Mine. This would include the determinations <br />regarding prime farmland, pre and post mining land uses, and reclamation success standards. <br />Please also explain the ongoing process to revise the permit as related to the alleged violation <br />and determinations. <br />If you have any questions or require additional time to respond, please contact me at (303) 293- <br />5020 or cbelka(a,osmre.gov. <br />Enclosures (3) <br />Sincerely, <br />I,�,�� <br />Christine Belka <br />Environmental Protection Specialist <br />