2010-07-09_ENFORCEMENT - C1981008

• Permit No: C1981008
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/9/2010
• Doc Name: Comment Letter
• From: Sandy Brown
• To: Dan Hernandez
• Violation No.: CV2010003
• Email Name: DIH
• Email Name: SB1
• Email Name: MLT
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203 D O L O o N of
Phone: [phone] RECLAMATION
FAX: [phone] MINING
SAFETY
Bill Ritter, Jr.
Governor
Date: July 9, 2010 Mike King
Executive Director
To: Dan Hernandez, Assessment Officer Loretta E. Pineda
Director
lab
From: Sandy Brown
RE: New Horizon Mine
NOV CV-2010-003
Western Fuels-Colorado (WFC) provided a response to the above referenced NOV. Marcia, Dan and I have a
few comments on what was provided.
Item 1
WFC claims that the samples were taken on April 9, 2009 prior to the TR-57 approval. TR-57 updated
the topsoil management plan and made a positive determination of Prime Farmlands on the Morgan
Property. The proposed decision for TR-57 was issued on March 4, 2009. The proposed decision was
published on March 12, 2009 and public comment period ended on March 23, 2009. Objections were
received from Ms. JoEllen Turner and the Morgans on March 19, 2009. A Board Hearing was
scheduled for April 8-9, 2009 and then continued until May to allow for a meeting between the
Morgans, WFC and the Division. As a result of the meeting, the objections were withdrawn and TR-57
became final on April 23, 2009.
For what WFC is calling post TR-57 samples, WFC concurs that they did not follow the revised topsoil
testing parameters. WFC will test all 10 samples for calcium carbonate, selenium and coarse fragment.
Item 2.
Lloyd Property. WFC feels that the sampling of Bench 1 falls under the spoil test parameters. The
Division believes WFC is committed to test according to the plan approved in TR-57 as put forth on
Page 2.05.4(2)(d)-36. See attached pages 2.05.4(2)(d) 34-36 for the Topsoil Replacement plans for
Prime Farmland and Non-Prime Farmland. The Lloyd property is non-prime farmland and WFC refers
to the Bench 1 material as suitable subsoil and commits to test it to verify subsoil suitability. The test
parameters for suitable subsoil required in Table 2.05.4(2)(d)-1- include saturation percentage; sodium
adsorption ratio; calcium carbonate; selenium; and coarse fragments.
Item 3.
This item does refer to the supplemental Bench 1 suitable subsoil data WFC provided on May 20, 2010.
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Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines