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o ?? oo 1-0e-)ES <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />CERTIFIED MAIL - RETURN RECEIPT REQUESTED <br />David Berry <br />F E B 1 6 2011 <br />Director, Coal Regulatory Program <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St., Room 215 r1 <br />Denver, Colorado 80203 <br />and 5aw* <br />Dear Mr. Berry: <br />0 <br />sURFAO? <br />Enclosed is a Ten-Day Notice (TDN) we have prepared as a result of a citizen complaint <br />received February 14, 2011 alleging potential violations at the New Horizon Mine located in <br />Nucla, Colorado. The complaint alleges that rocks were dumped in the suitable subsoil material. <br />We have determined that the violations alleged are that suitable subsoil material was not handled <br />or stored in a manner that would prevent contamination, thus lessening the capacity of the <br />material to support vegetation when redistributed. This is a potential violation of Colorado Rule <br />4.06.3(2), topsoil storage, and Rule 4.25.3(2), prime farmland removal and stockpiling. Please <br />respond as directed in 30 CFR 842.11 within ten business days by taking appropriate action to <br />cause the violation to be corrected or show good cause for such failure. Appropriate action and <br />good cause are explained at 30 CFR 842.11(b)(3) and (4). <br />Specifically, the complainant states: "Last week the coal mine hauled nothing but rocks and <br />dumped in the so-called Bench one suitable subsoil" [emphasis added by complainant]. <br />If you have any questions or require additional time to respond, please contact me at (303) 293- <br />5024 or chulsman@osmre.gov. <br />Sincerely, <br />J4??,Az? <br />Chris ulsman <br />OSMRE, Natural Resources Specialist <br />Enclosures (3)