2010-04-06_ENFORCEMENT - C1981008

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UNITED STATES DEPARTMENT OF THE INTERIOR Originating Office: Denver Regional Office Office of Surface Mining US DOI, Office of Surface Mining Reclamation and Enforcement 1999 Broadway, Suite 3320 TEN -DAY NOTICE Denver, CO 80202 Number X10 - 140 - 182 -003 TV 1 Telephone Number: (303) 844 -1401 Ten -Day Notice to the State of CO You are notified that, as a result of Citizen Information (e.g. a federal inspection, citizen information, etc.) the Secretary has reason to believe that the person described below is in violation of the Act or a permit condition required by the Act. If the State Regulatory Authority fails within ten days after receipt of this notice to take appropriate action to cause the violation(s) described herein to be cor- rected, or to show cause for such failure and transmit notice of your action to the Secretary through the originating office designated above, then a Federal inspection of the surface coal mining operation at which the alleged violation(s) is occurring will be conducted and appropriate enforcement action as re- quired by Section 521(a)(1) of the Act will be taken. Permittee: WESTERN FUELS - COLORADO County- MONTROSE Surface (Or Operator if No Permit) Mailing Address: PO BOX 628, MR. GUBKA, NUCLA, CO. 81424- ❑ Underground C- 008 -81 Mine Name: NEW HORIZON ❑ OtherSurface Permit Number: 01 NATURE OF VIOLATION AND LOCATION: Permit must require coal mining operations to restore affected land to a condition capable of supporting the uses which it was capable of supporting prior to any mining activity. Section of State Law, regulation or Permit 34 -33 -120 Condition believed to have been violated: NATURE OF VIOLATION AND LOCATION: Section of State Law, regulation or Permit Condition believed to have been violated: NATURE OF VIOLATION AND LOCATION: Section of State Law, regulation or Permit Condition believed to have been violated: Remarks or Recommendations: This TDN has been prepared as a result of a citizen complaint alleging violations at the New Horizon mine located in Nucla, CO. The complaint raises concerns with the permit and reclamation specifically involving the Morgan property. OSM has determined that the alleged violation is that reclamation of the Morgan Property does not meet the requirements of the Colorado regulatory property. Date of Notice: 04/01/2010 Signature of Authorized Rep.: Print Name and ID: 'D#) C ri ; Page I of 1 Revised October 1 1998