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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />A D <br />C <br />O <br />L <br />R <br />Denver, Colorado 80203 O F <br />V I S S <br />F <br />D <br />I <br />I O <br />N <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 <br />N Ci <br />MINI <br /> <br /> SAFETY <br /> Bill Ritter, Jr. <br /> Governor <br />October 14, 2010 <br /> Mike King <br /> Executive Director <br />Ms. Elizabeth Schaeffer Loretta E. Pineda <br />Environmental Protection Specialist Director <br />Denver Regional Office <br />Office of Surface Mining <br />1999 Broadway, Suite 3320 <br />Denver, Colorado 80202-3050 <br />RE: New Horizon Mine, C-1981-008 <br />Ten Day Notice #X10-140-377-004 <br />Dear Ms. Schaeffer: <br />The Colorado Division of Reclamation Mining and Safety (Division) received Ten Day Notice (TDN) <br />#X10-140-377-004 on October 8, 2010. The TDN was issued by the Office of Surface Mining on the <br />October 8, 2010 in response to a citizen complaint received from Ms. JoEllen Turner regarding citizen <br />rights of involvement in permitting actions. The TDN alleges that "Western Fuels-Colorado is in <br />violation of State Laws 34-33-118 and 34-33-119 of the Colorado Surface Coal Mining Reclamation <br />Act and Rule 2.07 of the Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining." <br />OSM attached Ms. Turner's complaint along with correspondence from an attorney representing <br />Western Fuels - Colorado (WFC) (lessee), to Mr. and Mrs. Frank Morgan (lessors), as supporting <br />evidence for the alleged violation. The complaint from Ms. Turner is based upon assertions made <br />between WFC and Ms. Turner and/or the Morgans in the context of a possible private lease dispute. <br />The Division is not a party to the lease agreement signed between WFC and Mr. and Mrs. Frank <br />Morgan. The Division has no authority to enforce private lease provisions, nor is the Division in any <br />way bound by private lease provisions. Discussions between WFC and Ms. Turner and/or the Morgans <br />regarding the lease have no effect upon the manner in which the Division administers the Act and <br />Regulations. The rights of the public to engage in the permitting process are set forth in the Colorado <br />Surface Coal Mining Reclamation Act (Act) and the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining (Regulations). It is important to note that the Division has <br />received extensive comments from Ms. Turner. Regardless, Ms. Turner's and the Morgans' rights to <br />engage in the permitting process as defined in the Act and Regulations are theirs to exercise or to <br />waive. Private contractual obligations agreed to by WFC and the Morgans are not part of the WFC <br />permit and do not provide a basis for a violation of the Act or Regulations. There is therefore no basis <br />for issuance of a violation at this time. <br />Office of Office of <br />Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines