Laserfiche WebLink
ocy?) <br />e-«?( <br />;jUnited States Department of the Interior ?`c?°fT?a <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />y ,a Western Region Office ?FpF , <br />4RCH 3 1s 1999 Broadway, Suite 3320 suRFAGF <br />Denver, CO 80202-3050 <br />October 25, 2010 <br />David Berry <br />Director, Coal Regulatory Program <br />`s <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St. Room 215 <br />Denver, Colorado 80203 OCR `Z?'?10 4, n. <br />Dear Mr. Berry: <br />RE: Ten Day Notice X10-140-377-004 <br />We received your response to Ten Day Notice (TDN) X10-140-377-004 on October 18, 2010. <br />The TDN was issued in response to a citizen complaint received from Ms. JoEllen Turner of <br />Nucla, Colorado. Ms. Turner states that Western Fuels informed the Morgans that there would <br />be no royalty payments unless the Morgans would drop all their objections and complaints. <br />Enclosed with the complaint was a letter from Western Fuels advising the Morgans that WFC <br />would suspend royalty payments, and if the Morgans wish to resolve the dispute, they are <br />advised to withdraw opposition to PR-06, including agreement not to appeal any decision by <br />the Colorado Division of Reclamation, Mining and Safety (DRMS). <br />In our TDN, we stated we had reason to believe that the actions by WFC violate provisions of <br />the Colorado program which ensure the right of citizens to be involved in permitting actions. It <br />appears to OSM that these rights affect the public interest and may not be waived or released <br />by the Lease agreement referenced by WFC, because it would thwart Congress's intent to <br />afford citizens such rights. <br />In your response you state that the Division has no authority to enforce private lease provisions. <br />You contend that the discussions between WFC and Ms. Turner and/or the Morgans regarding <br />the lease have no effect upon the manner in which the Division administers the Colorado <br />Surface Coal Mining Reclamation Act (Act) and Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining (Regulations). You state the rights of the public to engage <br />in the permitting process are set forth in the Act and Regulations. You state that Ms. Turner's <br />and the Morgan's rights to engage in the permitting process as defined in the Act and <br />Regulations are theirs to exercise or to waive. Private contractual obligations agreed to by <br />WFC and the Morgans are not part of the WFC permit and do not provide a basis for a <br />violation of the Act or Regulations.