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CARVER SCHW AC JWCNAB 8e BAILEY, LLC <br />HUDSON'S BAY CENTRE <br />1600 STOUT STREET, SUITE 1700 <br />DENVER, COLORADO 80202 <br />NOV 2 G 2010 <br />a.m*n of ROOM 0AW, <br />w WA r-lowl <br />CHRISTOPHER M. KAMPER <br />CKAMPER @CKSMB.COM <br />MAIN LINE: 303.893.1815 <br />FACSIMILE: 303.893.1829 <br />November 24, 2010 <br />Ms. Terry Debin, Esq. <br />Assistant Regional Solicitor <br />United States Department of Interior <br />755 Parfet Street, Suite 151 <br />Lakewood, Colorado 80215 <br />Mr. Tom Japhet, Esq. <br />Office of the General Counsel <br />United States Department of Agriculture <br />740 Simms Street, Suite 309 <br />Golden, Colorado 804014790 <br />Re: Coal Mining Permit C -1981 -008, Western Fuels — Colorado LLC <br />Dear Ms. Debin and Mr. Japhet: <br />This office represents Western Fuels — Colorado, LLC ( "WFC "), operator of the New Horizon <br />Mine located near Nucla, Colorado. I am writing to protest in the strongest possible terms the <br />recent conduct of the Office of Surface Mining ( "OSM') and the Natural Resources <br />Conservation Service ( "NRCS'), and in particular NRCS personnel Jim Boyd and David <br />Dearstyne and OSM inspectors Robert Postle, Rick Williamson, and Amy McGregor. Their <br />conduct took place against the background of a rather complicated permit procedure, so the <br />explanation of this objection will necessarily be long. However, these personnel acted in flagrant <br />disregard of appropriate procedure greatly to the prejudice of WFC's rights as a coal operator. <br />We ask simply that these agencies continue to communicate and cooperate with WFC as they <br />have in the past, in order to prevent the mistakes described in this letter from ever being <br />repeated. I think the conduct of the agencies and personnel described herein is serious enough to <br />reflect poorly on the reputation of these agencies, so a conversation about the events discussed <br />below is in the best interest of OSM and NRCS as well as WFC and the Colorado state agencies <br />that have primary jurisdiction over WFC's operations and the permit process. <br />