2011-01-24_ENFORCEMENT - C1981008 (2)

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UNITED STATES DEPARTMENT OF THE INTERIOR Originating Office: Denver Regional Office Office of Surface Mining US DOI, Office of Surface Mining Reclamation and Enforcement 1999 Broadway, Suite 3320 TEN -DAY NOTICE Denver, CO 80202 Telephone Number (303) 293 -5000 Number Xll- 140 -182 -002 TV 13 Ten -Day Notice to the State of Colorado You are notified that, as a result of Citizen Information (e.g. a federal inspection, citizen information, etc.) the Secretary has reason to believe that the person described below is in violation of the Act or a permit condition required by the Act. If the State Regulatory Authority fails within ten days after receipt of this V/ 9y� notice to take appropriate action to cause the violation(s) described herein to be cor- rected, or to show cause for such failure and transmit notice of your action to the Secretary through the originating office designated above, ��i p then a Federal inspection of the surface coal mining operation at which the alleged violation(s) is occurring will be`��' conducted and appropriate enforcement action as required by Section 521(a)(1) of the Act will be taken. Permittee: WESTERN FUELS - COLORADO County: MONTROSE Fx ] Surface (Or Operator if No Permit) Mailing Address: PO BOX 628, MR. GUBKA, , NUCLA, CO 81424 Underground C- 008 Other Permit Number: -81 Mine Name: NEW HORIZON 01 NATURE OF VIOLATION AND LOCATION: Topsoil replacement depth is alleged to be inadequate. See narrative comment #1. Section of State Law; regulation or Permit 4.25.4(5) Condition believed to have been violated: 02 NATURE OF VIOLATION AND LOCATION: Alleges PR -06 allows for higher salt content, rock fragments and worse soil to be used as a soil substitute. See narrative comment #2. Section of State Law, regulation or Permit 4.25.3(2) Condition believed to have been violated: 03 NATURE OF VIOLATION AND LOCATION: '(T)he A, B, and C lift must be segregated if they intend to use any of the C lift which is the so- called suitable subsoil.' See narrative comment #3. Section of State Law, regulation or Permit 4.25.2(2) Condition believed to have been violated: Remarks or Recommendations: We have received a citizen complaint alleging violations and deficiencies regarding Permit Revision 6 (PR -6) for the New Horizon mine. The complaints may be categorized under four general topics: topsoil, revcgetation, irrigation, and permitting. Issues identified here are discussed individually in the narrative associated with the evaluation report dated 1/19/2011. Date of Notice: 01/20/2011 Signature of Authorized Rep.: Print Name and ID: Christine Belka ID # 182 Page 1 of 3 Revised October 1, 2010