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J <br />James Fulton, Chief Denver Field Division <br />Office of Surface Mining, Western Region <br />1999 Broadway, Suite 3320 <br />Denver, Co. 80202 -3050 <br />March 23, 2010 <br />Dear Mr. Fulton: <br />This is a formal certified complaint against the Division of Reclamation, Mining, and Safety and <br />the Operator, Western Fuels of Colorado, LLC. New Horizon Mine 2, located in Nucla, <br />Colorado. <br />Violators of Federal and State Rules and Regulations: <br />(1) Division of Reclamation, Mining, and Safety <br />1313 Sherman Street Room 215 <br />Denver, Co. 80203 <br />(2) Western Fuels of Colorado, LLC., <br />New Horizon Mine 2 <br />27646 West 5`h Street <br />P.O. Box 628 <br />Nucla, Co. 81424 <br />Marcia Talvitie <br />Division of Reclamation, Mining, <br />And Safety <br />691 CR 233, Suite A -2 <br />Durango, Co. 81301 <br />Everything that is happening today is against all Federal and State rules and regulations. In 1998 <br />a lease was signed with WFC and at that time, DRMS had to contact the Secretary of Interior and <br />the Secretary of Agriculture to address our Prime Farmland and a plan to be developed to <br />preserve our prime soils on our farm and a reclamation plan which our farm had to be restored to <br />cropland. This was never done and still today has not been done. This plan does not allow for <br />any future revisions or permitting that changes the standard of reclamation for prime farmland. <br />We should not have to be going through a permit- revision or anything else because the rules and <br />regulations have SPECIFIC instructions for prime farmland and the Division nor Western Fuels <br />can alter those without WRITTEN CONSENT from the LANDOWNER and permission from the <br />Secretary of Interior and Secretary of Agriculture. <br />I will attempt to provide all of the documentation of Rules and Regulations that have been <br />violated by the Division of Reclamation, Mining, and Safety and by Western Fuels, the operator <br />of the surface coal mine. <br />34 -33 -101: Colorado Surface Coal Mining Reclamation Act <br />34 -33 -102: Assures us that the rights of Surface landowners and other person with a legal <br />