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
Department of Natural Resources
• 1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
May 18, 2010
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Mr. Lance Wade Bill Ritter, Jr
Mine Manager
Governor
Western Fuels — Colorado James B. Martin Executive Director
P.O. Box 628 Loretta E. Pineda
Nucla, CO 81424 Director
Re: Citizen Complaints — Office of Surface Mining Investigation — Permit revision No. 6
New Horizon Mine - Permit No. C- 1981 -008
Mr. Wade:
The Division of Reclamation Mining and Safety (DRMS) is currently investigating the permitting history
and pending compliance — related matters associated with prime farmland requirements, reclamation
standards and post mining land use designations for the Western Fuels — Colorado (WFC) New Horizon
Mine. Various issues dating back to 1999 are addressed, in part, with the Permit Renewal Number 5
(RN05) and Permit Revision Number 6 (PR06) and these issues remain unresolved. These issues are also
the subject of ongoing and valid complaints documented by the Morgan Property landowner
• representative (Ms. JoEllen Turner) and are the subject of an ongoing oversight and compliance
investigation by the Office of Surface Mining (OSM). We enclose the documents received thus far from
Ms. Turner and OSM.
These matters involve prerequisite requirements for the Permit Number C- 1981 -008, and resolution
must occur expeditiously. Our initial response to the OSM Ten Day Notice (TDN) Number X10- 140 -182-
003 (dated April 23, 2010) indicated the DRMS position that the WFC New Horizon Mine is not in
violation of the Permit Number C- 1981 -008 because ground operations are being conducted in
compliance with the permit. The DRMS response referenced previous permitting actions. Further DRMS
review of the written record associated with the New Horizon Mine permit indicates serious defects in
the permit and may cause DRMS to reassess this position.
Please be advised that ongoing delays in resolving the outstanding issues may jeopardize mine
compliance, and consequently, ongoing operations. DRMS may be required to pursue enforcement
procedures if the permitting defects have resulted in performance standard — related noncompliance
and /or if the pending permitting matters are not resolved by the below deadline for PR06. The current
decision deadline for PR06 is June 17, 2010. DRMS previously requested the submittal of all materials
required for PR06 by April 19, 2010. The required submittal has not yet occurred. All materials required
to address the pending compliance matters addressed with PR06 must be provided to DRMS no later
than May 25, 2010 to allow time for review of the materials.
It is now clear that inaccurate and outdated soils information was submitted with Permit Revision
• Number 5 (PROS). This resulted in a negative determination regarding the presence of prime farmland
soils on the Morgan property, although PROS did require comprehensive soil salvage practices. These
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines