2010-10-08_ENFORCEMENT - C1981008 (3)

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, United States Department of the Interior OFr� OFFICE OF SURFACE MINING Reclamation and Enforcement Q Western Re Office R 1999 Broadwa Suite 3320 Denver, CO 80202-3050 CERTIFIED MAIL RETURN RECEIPT RE O October 8, 201 0 10 A4 David Berr Director, Coal Re Pro Colorado Division of Reclamation, Minin and Safet 13 ) 13 Sherman. St. Room 2-IS Denver, Colorado 80203 Dear Mr. Berr Enclosed is a Ten Da Notice (TDl') we have prepared as a result of a citizen complaint dated October 6. 201 that alle violations at the New Horizon Mine located in Nucla, Colorado. The complaint states that Western Fuels informed the Mor that there would be no ro pa unless the Mor would drop all their objections and complaints. Enclosed with the complaint was a letter dated ,September 22, 20 from Chris Kamper representin Western Fuels Colorado, LLC (WFC). In that letter Mr. Kamper advises the Mor that VvTC would exercise its le ri under the Lease includin suspension of ro pa and if the Mor wish to resolve the dispute, Mr. Kamper advises withdrawin opposition to PR-06, In includin a not to appeal an decision b the Colorado Division of Reclamation, Minin and Safet ( DBMS ) . The Office of Surface Minin Reclamation and Enforcement (OSM) has reason to believe that the actions b WFC violate provisions of the Colorado pro listed below which ensure the ri of citizens to be involved in permittin actions. It appears to OSM that these ri affect the public interest and ma not be waived or released b the Lease a referenced b WFC, because it would thwart Con intent to afford citizens such ri The Colorado Surface Coal Minin and Reclamation Act.- 34-33-118. Public notice and public hearin on complete applications. ( 4) An person havin an interest which is or ma be adversel affected b a decision of the office re the proposed surface coal minin operation, or the officer or head of an federal, state, or local g overnment agenc or authorit shall have the ri to submit written ob to or comments upon the initial or revised application for a permit to the office within thirt da after the last publication of the above notice.