2010-11-10_REVISION - C1981008 ‎(2)‎

• Permit No: C1981008
• IBM Index Class Name: Revision
• Doc Date: 11/10/2010
• Doc Name: Items & Exhibits for FPH Part 2
• From: JoEllen Turner & Michael Morgan
• To: MLRB & WFC
• Type & Sequence: PR6
• Email Name: SB1
• Email Name: MLT
• Email Name: DTM
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
of Natural Resources
* Department
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
Re: Complaints — Western Fuels — Colorado — New Horizon Mine — C- 1981 -008
Dear Ms. Turner and Mr. Morgan:
We have reviewed your correspondence materials received and /or dated April 15, April 29 (2 total), May 5
(5 total), May 6 (2 total), May 8, and May 10 (2 total), 2010. Your notes and letters indicate numerous
concerns regarding the permitting history and ground operations at the Western Fuels — Colorado (WFC),
• New Horizon Mine, in Nucla Colorado. We understand that you are representing the Morgan Property
landowners, and that the subject property lies within the WFC permit area. Your concerns include
disagreement regarding previous permitting actions, assertions that public access procedures were not
followed during permitting actions, that DRMS staff members have not been truthful in their
implementation of regulatory duties and that prime farmland resources have not been properly managed
at the New Horizon Mine.
We have conducted a detailed review of the permitting history for the New Horizon Mine, and additional
review may yet be needed. Your concerns regarding prime farmland are valid, and we share many of your
concerns. Earlier today, DRMS sent a letter to Western Fuels — Colorado regarding these ongoing issues.
Although, DRMS does not agree with some of the details of your assertions, we do agree that many issues
must be resolved as indicated in the letter to WFC of today. We formally copied you and the Office of
Surface Mining on the letter from DRMS to WFC, and a copy of the letter is included with this
correspondence. You will see in the letter that many of your concerns are addressed, in addition to others
that originate with our regulatory process. We are directing WFC to work with the Morgan Property
landowners to address those unresolved issues that involve both regulatory compliance and landowner
coordination.
We have also conducted several and repeat inspections to verify previous findings related to your
complaints. Although we found that field operations did comply with the permit, you will note that we
acknowledge permitting defects in the letter to WFC, and these are being pursued as also noted in the
letter to WFC. We chose not to have you accompany our inspectors due to the apparently elevated level of
conflict that exists between you and the WFC. We hope that this situation will resolve and that productive
• communication may occur between the Morgan Property representatives and WFC.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
Bill Ritter, Jr.
May 18, 2010
Governor
James B. Martin
Ms. JoEllen Turner
Executive Director
Mr. Michael Morgan
Loretta E. Pineda
Director
Box 346
Nucla, CO 81424
Re: Complaints — Western Fuels — Colorado — New Horizon Mine — C- 1981 -008
Dear Ms. Turner and Mr. Morgan:
We have reviewed your correspondence materials received and /or dated April 15, April 29 (2 total), May 5
(5 total), May 6 (2 total), May 8, and May 10 (2 total), 2010. Your notes and letters indicate numerous
concerns regarding the permitting history and ground operations at the Western Fuels — Colorado (WFC),
• New Horizon Mine, in Nucla Colorado. We understand that you are representing the Morgan Property
landowners, and that the subject property lies within the WFC permit area. Your concerns include
disagreement regarding previous permitting actions, assertions that public access procedures were not
followed during permitting actions, that DRMS staff members have not been truthful in their
implementation of regulatory duties and that prime farmland resources have not been properly managed
at the New Horizon Mine.
We have conducted a detailed review of the permitting history for the New Horizon Mine, and additional
review may yet be needed. Your concerns regarding prime farmland are valid, and we share many of your
concerns. Earlier today, DRMS sent a letter to Western Fuels — Colorado regarding these ongoing issues.
Although, DRMS does not agree with some of the details of your assertions, we do agree that many issues
must be resolved as indicated in the letter to WFC of today. We formally copied you and the Office of
Surface Mining on the letter from DRMS to WFC, and a copy of the letter is included with this
correspondence. You will see in the letter that many of your concerns are addressed, in addition to others
that originate with our regulatory process. We are directing WFC to work with the Morgan Property
landowners to address those unresolved issues that involve both regulatory compliance and landowner
coordination.
We have also conducted several and repeat inspections to verify previous findings related to your
complaints. Although we found that field operations did comply with the permit, you will note that we
acknowledge permitting defects in the letter to WFC, and these are being pursued as also noted in the
letter to WFC. We chose not to have you accompany our inspectors due to the apparently elevated level of
conflict that exists between you and the WFC. We hope that this situation will resolve and that productive
• communication may occur between the Morgan Property representatives and WFC.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines