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UNITED STATES DEPARTMENT OF THE INTERIOR Originating Office: Denver Regional Office <br />Office of Surface Mining US DO[, Office of Surface Mining <br />Reclamation and Enforcement 1999 Broadway, Suite 3320 <br />TEN-DAY NOTICE Denver, CO 80202 <br />Number X10-140-377-004 TV 1 Telephone Number: (303) 844-1401 <br />Ten-Day Notice to the State of CO <br />You are notified that, as a result of Citizen Information (e.g. a federal inspection, <br />citizen information, etc.) the Secretary has reason to believe that the person described below is in violation <br />of the Act or a permit condition required by the Act. If the State Regulatory Authority fails within ten days <br />after receipt of this notice to take appropriate action to cause the violation(s) described herein to be cor- <br />rected, or to show cause for such failure and transmit notice of your action to the Secretary through the <br />originating office designated above, then a Federal inspection of the surface coal mining operation at <br />which the alleged violation(s) is occurring will be conducted. and appropriate enforcement action as re- <br />quired by Section 521(a)(1) of the Act will be taken. <br />Permittee: WESTERN FUELS - COLORADO Coun : MONTROSE X? Surface <br />(Or Operator if No Permit) <br />Mailing Address: PO BOX 628, MR. GUBKA, NUCLA, CO. 81424- ? Underground <br />81 Mi <br />e Name: NEW HORIZON <br />C <br />008 <br />? OtherSurface <br />- <br />- <br />n <br />Permit Number: <br />01 NATURE OF VIOLATION AND LOCATION: <br />Section of State Law, regulation or Permit 34-33-118 <br />Condition believed to have been violated: <br />NATURE OF VIOLATION AND LOCATION: <br />Section of State Law, regulation or Permit <br />Condition believed to have been violated: <br />NATURE OF VIOLATION AND LOCATION: <br />Section of State Law, regulation or Permit <br />Condition believed to have been violated: <br />Remarks or Recommendations: <br />This TDN has been prepared as a result of a citizen complaint alleging violations at the New Horizon Mine. <br />The complaint raises concerns regarding citizens' rights to be involved in permitting actions. OSM has <br />determined that the alleged violation is that WFC is in violation of State Laws 34-33-118 and 34-33-119 of <br />the Colorado Surface Coal Mining Reclamation Act and Rule 2.07 of the Regulations of the Colorado Mined <br />Land Reclamation Board for Coal Mining. <br />Date of Notice: 10/08/2010 Signature of Authorized Rep.: <br />Print Name and ID.. Elizabeth Shaef ID# 377 <br />Page I of 1 <br />Revised October 1, 1998