2011-02-22_ENFORCEMENT - C1981008

• Permit No: C1981008
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 2/22/2011
• Doc Name: TDN Notice Additional Information
• From: DRMS
• To: OSM
• Violation No.: TDNX11140182001
• Email Name: DAB
• Email Name: SB1
• Email Name: MLT
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
February 22, 2011
Mr. Kenneth Walker
Acting Chief
Denver Field Division
Office of Surface Mining
1999 Broadway, Suite 3320
Denver, Colorado 80202 -3050
RE: New Horizon Mine, Permit No. C- 1981 -008
Ten Day Notice #X11 - 140 - 182 -001
Additional Information
Dear Mr. Walker:
STATE OF COLORADO
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
On February 9, 2011, the Division of Reclamation, Mining and Safety (Division) received the Office of
Surface Mining Reclamation and Enforcement ( OSMRE) letter regarding the Division's response to TDN #
X11 - 140 - 182 -001. Upon receipt of that letter, the Division requested and was granted additional time to
provide additional information regarding the allegation that, "Rocks were not removed prior to replacing
topsoil." On February 14, 2011 OSMRE granted the Division an extension until February 22, 2011 to submit
the additional information as provided below.
All referenced permit materials in this letter are incorporated by reference and are available at the Division's
website http: / /www.mininiz.state.co.us /. The link to the permit documents is in the lower right hand section of
the home page. The index class name will differ depending on the type of documentation. To view the permit
application, enter the New Horizon Permit Number, C- 1981 -008; in the IBM Index Class Name choose permit
file and hit enter. A multi -page table will appear. Each of the columns can be sorted. To locate permit
sections it is easiest to sort to column titled Section/Exhibit Name. To reference revision information use the
revision index class.
Topsoil has been placed on 7.81 acres of the Morgan Property. The topsoiled areas are designated Zone 1 on
Map 2.05.4 -6 of the current permit. An excerpt of this map is attached. In the fall of 2006, prior to any
designation of prime farmlands, topsoil was replaced on 5.8 acres in the Zone 1 area southeast of Mixed pile
#5. A portion of the 2006 topsoiled area was covered in 2008 when Western Fuels Company (WFC) was
required to stockpile topsoil. In December 2009, topsoil was dozer - pushed over a small area for the total 7.81
acres topsoiled in Zone 1.
At the time topsoil was replaced in Zone 1, there were no requirements to remove rocks on the Bench 1
substitute subsoil. Prior to topsoil replacement ripping of the subsoil was required to reduce compaction. This
was discussed in Section 2.05.4(2)(d) of the permit. The attached aerial photo from December 18, 2009,
shows the location of the 2009 topsoil placement. Observed on the non - topsoiled areas directly adjacent to the
replaced topsoil are rough parallel lines indicating that ripping was conducted as required on the Bench 1
subsoil substitute.
Office of Office of
Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines