2010-11-01_REVISION - C1981008

• Permit No: C1981008
• IBM Index Class Name: Revision
• Doc Date: 11/1/2010
• Doc Name: Brief of Issues for Pre-Hearing Conference
• From: Carver Schwarz McNab & Bailey for WFC
• To: DRMS
• Type & Sequence: PR6
• 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
Phone: [phone]
FAX: [phone]
April 23, 2010
Mr. James Fulton
Denver Field Division Chief
Office of Surface Mining
1999 Broadway, Suite 3320
Denver, Colorado 80202 -3050
RE: New Horizon Mine, C- 1981 -008
Ten Day Notice #X10 - 140 - 182 -003
Dear Mr. Fulton:
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
)amen B. Martin
Executive Director
Loretta E. Pined.
Director
The Colorado Division of Reclamation Mining and Safety (Division) received Ten Day Notice (TDN)
#X10 -140- 182 -003 on April 6, 2010. The TDN was issued by the Office of Surface Mining on April
1, 2010 in response to a citizen complaint from Ms. JoEllen Turner. The alleged violation is that,
"Reclamation of the Morgan property does not meet requirements of the Colorado regulatory
program." Specific allegations are:
• Procedural regulations for permit revisions were not followed.
• The Morgan property is prime farmland and mining and reclamation has been conducted
without regard to prime farmland standards.
• The permitting process for the Morgan property was not followed for:
Prime farmland determinations;
Soils; and
Pre and post mining land use.
The Division has taken appropriate action under its regulatory program to ensure that Western Fuels -
Colorado (WFC) is in compliance with Permit No. C- 1981 -008 and the requirements of the State
program. After conducting an extensive review of the permit file, the Division has determined that it
had good cause for the actions taken with regard to Permit No, C- 1981 -008. The current permit
addresses prime farm lands, ensures protection of soils and evaluates pre and post mining land uses. A
summary related to the Morgan property with respect to prime farmlands identification, soils and the
pre and post mining land uses is provided below to support this conclusion. These three disciplines are
closely interrelated but for organizational purposes they are discussed separately. First, some
background on the property in question is provided.
The Morgan property was included in the New Horizon Mine permit boundary with the issuance of
Permit Revision No. 5 (PR -5). Frank and Mary Lou Morgan own a large parcel of land within the
476 -acre PR -5 expansion area. PR -5 was submitted by Western Fuels - Colorado, LLC (WFC) on
Office of Office of
Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines