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United States Department of the Interior <br />?stooFr' <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office o <br />1999 Broadway, Suite 3320E <br />Denver, CO 80202-3050 ?rs0r_ 3 <br />David Berry MAR - 8 201 1 " 2011 <br />Director, Coal Regulatory Program ? atan, <br />g an SafOV <br />Colorado Division of Reclamation Mining and Safety " V16ing <br />alini <br />1313 Sherman St. Room 215 <br />Denver, Colorado 80203 <br />Re: TDNs #X11-140-182-001 and #X11-140-117-001, Western Fuels, New Horizon Mine, <br />Permit # C-1981-008 _ <br />Dear Mr. Berry: <br />Thank you for your letters dated February 22 and February 28, 2011, in response to ten day <br />notices (TDN) #X11-140-182-001 and #X11-140-117-001. These TDNs pertained to citizen <br />complaints alleging that rocks were not removed prior to topsoil being replaced and that rocks <br />were being dumped on (i.e. being incorporated into) materials to be used as a suitable subsoil <br />substitute in prime farmland reclamation. <br />It is the Office of Surface Mining Reclamation and Enforcement's (OSM) goal to review and <br />make a determination on State responses to TDN's within ten days of receipt. However, as noted <br />in Directive INE-35, Part 6, Procedures, (b)(4) "How long does OSM have to evaluate an RA's <br />response to a TDN...", our review may be extended if there is a need for special expertise such <br />as legal assistance or technical review. Our initial review of the TDN's cited above indicates a <br />need for extending the review period beyond the ten day norm, as the matters raised appear <br />related to our ongoing review of the prime farmland reclamation plans approved in PR-06. The <br />PR-06 review will require additional evaluation time and input from several technical experts. It <br />is our opinion that concluding our determinations regarding the PR-06 prime farmland <br />reclamation plans will be key to reaching a comprehensive understanding of the multiple issues <br />raised by Ms. Turner and of the related responses you have provided. This level of <br />understanding is necessary in order to make a valid determination on your responses to the above <br />cited TDN's, as well as on the PR-06 matter. As a result, it will not be practical for OSM to <br />provide a written determination on the adequacy of your responses within ten days. <br />We appreciate your patience in working with OSM, Western Fuels-Colorado, Ms. Turner and the <br />Morgan's in seeking to resolve the citizen's complaints which are of vital importance to ensuring <br />the successful reclamation of this prime farmland - a national resource - in Colorado. <br />Should you have any questions, please contact me via telephone at (303) 293-5012 or at <br />kwalker@osmre.gov. <br />Sincerely, <br />150 &4A, <br />Kenneth Walker, Chief <br />OSMRE Denver Field Division <br />