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1 har <br />18313 Y -2010 04:2IPM FROM -DiV RECLAMATION MINING i SAFETY +3038328108 T -857 P- 004/007 F -833 <br />VISION OF RECLAMATION, MINING AND SAFETY <br />partmentO Natural Resources <br />Sherman St., Room 215 C® L O A A ID 0 <br />Denver, Colorado 80203 D i v i S t O N O F <br />Phone: (303) 866.3967 RECLAMAT16D <br />FAX: (303) 832 - 8106 M I N I N G <br />May 18, 2010 SAFETY <br />Mr. lance wade Go v e rnor ` lr ' <br />Mine Manager <br />James 8, Marsh <br />Western Fuels — Colorado Executive Director <br />P.A. Box 620 Loretto & Mcda <br />Nucia, CO 81424 DkgmP <br />Re: Citizen Complaints — Office of Surface Mining investigation — Permit revision No. 6 <br />New Horizon Mine - Permit No. C- 1981 -408 <br />Mr. wade: <br />The Division of Reclamation Mining and Safety (DRIl4S) is currently investigating the permitting history <br />and pending compliance —related matters associated with prime farmland requirements, reclamation <br />standards and post mining land use designations for the Western f=uels — Colorado (WFC) New Horizon <br />Mine. Various issues dating back to 1999 are addressed, in part, with the Permit Renewal Number 5 <br />(RHOS) and Permit Revision Number 6 (PROD) and these issues remain unresolved. These issues are also <br />the subject of ongoing and valid complaints documented by the Morgan Property landowner <br />representative (Ms, JoEllen Turner) and are the subject of an ongoing oversight and compliance <br />investigation by the Office of Surface Mining (OSM). We enclose the documents received thus far from <br />Ms4 Turner and OSM. <br />These matters:)nvolve prerequisite requirements for the Permit Number C- 3.981-008, and resolution <br />must occur expeditiously. Our initial response to the OSM Ten Day Notice (TDN) Number X10- •140 -182- <br />003.`(dated April 23, 2010) indicated the DRMS position that the WFC New Horizon Mine is not in <br />violation of the Permit Number C -1981 -008 because ground operations are being conducted`n <br />compliance with the permit. The DRMS response referenced previous permitting actions. Further DRMS <br />review of the written record associated with the New Horizon Mine permit indicates seriousdefects in <br />the permit and may cause DRMS to reassess this position. <br />Pivase be advised that ongoing delays in resolving the outstanding issues may jeopardize mine <br />compliance, and consequently, ongoing operations. DRMS may be required to pursue enforcement <br />procedures if the permitting defects have resulted in performance standard --related noncompliance <br />and /or if the pending permitting matters are not resolved by the below deadline for PRO6. The current <br />decision deadline for PROS is June 17, 2010. DRMS previously requested the submittal of all materials <br />required for PROS by April 19, 2010. The required submittal has not yet occurred. All materials required <br />to address the pending compliance matters addressed with PRO6 must be provided to DRMS no later <br />than May 25, 2010 to allow time for review of the materials. <br />It is -now clear that inaccurate and outdated soils information was submitted with Permit Revision <br />• Number S (PROS). This resulted in a negative determination regarding the presence of prime farmland <br />l soils on the Morgan property, although PROS did require comprehensive soil salvage practices. These <br />Ofika Of <br />Min2d Land Raiamat7os► � ,� + a tdur o A�va ` ve hgtoms <br />