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�FY <br />This is a record of administrative action. No site visit was conducted today. As a result of Ms. <br />JoEllen Turner's citizen complaint dated March 23, 2010 (received in the Western Region, <br />Denver Field Division office on March 29, 2010), I am issuing Ten Day Notice (TDN) 9 10- <br />140 -182 -003. <br />Ms. Turner claims in her complaint that her farmland has not been restored to cropland <br />standards. She states that the Division of Reclamation Mining and Safety (DRMS) has not yet to <br />addressed her prime farmland or developed a reclamation plan to restore her farm to cropland. <br />Ms, Turner then states that "[t]his plan does not allow for any future revisions or anything else <br />because the rules and regulations have SPECIFIC instructions for prime farmland... ". She states <br />that DRMS and Westerns Fuels of Colorado (WFC) did not consider her land to be prime <br />farmland because of its pH, but that she considered it prime because it had provided for her <br />family's livelihood since 1959. Ms. Turner then states that WFC entered her property and <br />removed her topsoil averaging 5' ) inches deep, and replaced it on Bud Benson's property. She <br />states that her 5' ) inches of topsoil was replaced with "a contaminated single lift of maybe 22 <br />inches." Additionally, Ms. Turner alleges that DRMS and WFC failed to provide required public <br />notice and landowner notification and consultation to "change [her] property" presumably a <br />postmining land use change or other permitting action which would affect the reclamation <br />standards for the property in question. These procedural notification and consultation concerns <br />will be discussed and dealt with between OSM and DRMS in future meetings outside of the <br />TDN process. <br />The complaint raises several questions, which I hope to resolve through this TDN. First and <br />foremost, was the land in question originally determined to be prime farmland by the Division <br />and was it permitted as such? If not, should it have been? What reclamation success standards <br />are attached to Ms. Turner's property, and are they being met? Has the topsoil handling been <br />consistent with the approved plan? <br />