2011-03-24_ENFORCEMENT - C1981008

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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 X11- 140 -182 -003 TV 3 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 Secretan 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 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. 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 F-1 Underground ❑ Other Permit Number: C- 008 -81 Mine Name: NEW HORIZON 01 NATURE OF VIOLATION AND LOCATION: Citizen alleges WFC moved boundary markers delineating the 51 acres that had been mined before her property was designated as prime farmland by approximately 50 feet. Referred to as the 'line of 2008', these PVC poles over steel posts identify a line noted in the permit and on Map 2.055h.4 -6, MMotrgan Property Topsoil Replacement Plan (the boundary between Zones 3 and 4). Permitted reclamation plans v of 5t to �aN aregu�aiion orf ermtYe on the g 0 —A Signs and Markers, cfro Condition believed to have been violated: Duration of Maintenance 02 NATURE OF VIOLATION AND LOCATION: Citizen alleges per-iit documents are kept in a room at the courthouse that is unavailable during court proceedings and copying permit documents at the courthouse is not allowed. Permit documents must be available during business hours. If a courthouse is selected as the public location to store the permit, the room must be available during court proceedings. The public must also be able to copy permit docurmSeRion of State Law, regulation or Permit 2.07.3(4)(a) Condition believed to have been violated: 03 NATURE OF VIOLATION AND LOCATION: Citizen alleges subsoil sampling activities are not conducted appropriately. Citizen states if they hit a rock they move over a couple of feet and try again, and when they do salt samples if it is too high they resample until it is not. Permit Document 2.05.4(2)(d) subsection 4.0, indicates the approved sampling methodology which was designed to give an accurate representation of spoil characteristics and mus�be cond)nd in ncientific4lly sound manner. 2.05.4(2)(d) subsection 4.0, ection late aw, regulation or Permit Condition believed to have been violated: Regraded Spoil Monitoring Remarks or Recommendations: Citizen alleges WFC moved boundary markers delineating the 51 acres that had been mined before her property was designated as prime farmland by approximately 50 feet, that permit documents stored at the courthouse are not available during court proceedings and copying of permit documents is not allowed at the courthouse, and that subsoil sampling activities are not conducted appropriately. Please see the associated MEIR narrative for a complete explanation of the citizen complaints. Date of Notice: 03/22/2011 Signature of Authorized Rep.: Print Name and ID: Christine Belka ID # 182 Page l of 1 Revised October 1. 2010