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UNITED STATES DEPARTMENT OF THE INTERIOR Originating Office: Denver Regional Office <br />Office of Surface Mining US DOI, Office of Surface Mining <br />Reclamation and Enforcement 1999 Broadway, Suite 3320 <br />TEN-DAY NOTICE Denver, CO 80202 <br /> Telephone Number (303) 293-5000 <br />Number X11-140-182-001 TV 2 <br />Ten-Day Notice to the State of Colorado <br />You are notified that, as a result of Citizen Information (e.g. a federal inspection, citizen <br />information, etc.) the Secretary has reason to believe that the person described below is in violation of the Act or a <br />permit condition required by the Act. If the State Regulatory Authority fails within ten days after receipt of this <br />notice to take appropriate action to cause the violation(s) described herein to be cor- rected, or to show cause for <br />such failure and transmit notice of your action to the Secretary through the originating office designated above, <br />then a Federal inspection of the surface coal mining operation at which the alleged violation(s) is occurring will be <br />conducted and appropriate enforcement action as required by Section 521(a)(1) of the Act will be taken. <br />Permittee: WESTERN FUELS - COLORADO County: MONTROSE <br /> X Surface <br />(Or Operator if No Permit) <br />Mailing Address: PO BOX 628, MR. GUBKA NUCLA CO 81424 ? Underground <br />C <br />008 <br />81 <br />P Other <br />- <br />- <br />ermit Number: <br />Mine Name: NEW HORIZON <br />01 NATURE OF VIOLATION AND LOCATION: <br />Citizen complaint alleged improper soil stripping practices under wet conditions. <br />Section of State Law, regulation or Permit 4.06.2 and 4.06.3 <br />believed Condition have been violated: <br />02 NATURE OF VIOLATION AND LOCATION: <br />Citizen complaint alleges rocks were not removed prior to replacing topsoil. See permit section 2.05.4(2)(d) subsection 13.1. <br />Section of State Law, regulation or Permit 2.05.4(2)(d) <br />Condition believed have been violated: <br />NATURE OF VIOLATION AND LOCATION: <br />Section of State Law, regulation or Permit <br />Condition believed to have been violated: <br />Remarks or Recommendations: <br /> We have received a citizen complaint alleging that prime farmland (PFL) soil was removed in the rain and snow. We interpret <br /> this complaint as alleging topsoil salvage operations were conducted on PFL during periods of excessive precipitation and that <br /> the soil was saturated. If the soil was saturated, handling it could have damaged its physical and chemical properties and <br /> operations would not have minimized erosion, contamination and 1 or compaction. <br /> By seperate fax dated January 11, 2011, the same complainant alleges rocks were not removed prior to replacing topsoil. <br />Date of Notice: 0111212011 Signature of Authorized Rep.: QN L?- <br />Print Name and ID: Christine Belka ID # 182 <br />Pa e 1 of 1 Revised October 1, 2010