2010-06-18_ENFORCEMENT - C1981008 (2)

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t- r? United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement Western Region Office 1999 Broadway, Suite 3320 Denver, CO 50202-3050 June 9, 20*CEIVED JUN 18 2010 Ms. JoEllen Turner Box 346 Nucla, Colorado 81424 Dear Ms. Turner: klining and Suety ® 01U, R TOFT G 130 m° FSUa? This letter serves as an interim response to your May 6, 2010 request for infonnal review of the Office of Surface Mining (OSM) Denver Field Division's (DFD) May 5, 2010 decision about Ten- Day Notice (TDN) X10-140-182-003. Your request was received by this office on May 7, 2010. The TDN was issued to the Colorado Division of Reclamation, Mining and Safety (DRMS) as a result of your citizen's complaint and alleged that reclamation of the Morgan property does not meet the requirements of the Colorado Regulatory Program. The DFD's decision found that the DRMS had shown good cause for not taking action to cause the possible violation to be corrected because the possible violation does not exist in accordance with 30 CFR §842.11(b) (4) (i). Your request for informal review states you disagree with the DFD's May 5, 2010 decision and indicates that you believe that the DRMS did not show good cause for not taking action, and therefore their response to the TDN was inappropriate. TDN Issuance: On March 23, 2010, you sent a citizen's complaint to the DFD alleging that procedural regulations for permit revisions were not followed; that the Morgan property is prime farmland and that mining and reclamation has been conducted without regard to prime farmland standards; and that the permitting process for the Morgan property was not followed for determinations of pre and post mining land use, soils, and the prime farmland determination. In response to your complaint a TDN was issued to the DRMS on April 1, 2010 and included a violation alleging that reclamation of the Morgan property does not meet the requirements of the Colorado Regulatory Program. State TDN Response: On April 23, 2010, the DRMS responded to the April 1, 2010 TDN from the DFD. DRMS maintained that the Division has taken appropriate action under its regulatory program to ensure that WFC is in compliance with Permit No. C-1981-008 and the requirements of the State program. DRMS also determined that it had good cause for the actions taken with regard to Permit No. C-1981-008 based on an extensive review of the current permit file, which addresses prime farmlands, ensures protection of soils and evaluates pre and post mining land uses. DRMS provided a chronology of permitting actions and decisions for the New Horizon Mine that impact the Morgan property. Field Office Determination: By letter dated April 1, 2010, the DFD informed the DRMS that it had shown good cause for not taking action to cause the possible violation to be corrected because