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This is a record of administrative action. No field visit was conducted in conjunction with this report. <br />OSM received a large volume of fax transmittals from JoEllen Turner on March 7 "' through March 14 "' <br />We determined that several of Ms. Turner's complaints pertained to Permit Revision 6 (PR -06). Ms. <br />Turner had previously submitted complaints regarding PR -06, resulting in TDN 9X 11-140-192-002. We <br />are currently conducting a thorough review of PR -06 and of the State's response to this TDN. We are <br />addressing her recently submitted / resubmitted concerns regarding PR -06 through this review. <br />Ms. Turner also raises several concerns with historical permitting errors and Colorado Division of <br />Reclamation Mining and Safety (DBMS) policies, procedures and implementation of its coal regulatory <br />program. These concerns include: DRMS employing the), wrong type of permit revision to make changes <br />to Ms. Turner's property without adequate notification or opportunity to comment; improper landowner <br />notification and coordination for several permitting activities; a series of errors that lead to an inaccurate <br />negative determination of prime farmland; problems with the Board hearing process; the prime farmland <br />determination relied upon NRCS documentation for the Nucla East mine which was not relevant to Ms. <br />Turner's property and should not have been applied; attempts had been made to improperly designate all <br />or portions of Ms. Turner's property as dryland and / or potential cropland; the land use characterization <br />of Ms. Turner's property was inaccurate ( "hayland" and "pastureland" cannot be used interchangeably); <br />and pre - mining irrigation info was inaccurate. We are currently evaluating these concerns and <br />determining the appropriate course of action to take. <br />Ms. Turner alleges three new potential violations. OSM is transmitting these potential violations to <br />DRMS through a ten day notice (TDN). The newly identified potential violations are: <br />WFC moved boundary markers delineating the 51 acres that had been mined before her property <br />was designated as prime farmland by approximately 50 feet. Referred to as the "line of 2005 ", <br />these PVC poles over steel posts identify a line noted in the permit and on Map 2.05.4 -6, Morgan <br />Property Topsoil Replacement Plan (the boundary between Zones 3 and 4). Permitted reclamation <br />/ soil redistribution plans vary between the different zones and must be enforceable on the <br />ground. Moving boundary markers delineating significant boundaries within the pen-nit area <br />alleges a violation of Colorado Rule 4.02.4, which requires signs and markers to be maintained <br />during the conduct of all activities to which they pertain. <br />State Law / Regulation Potentially Violated: 4.02.4 <br />2. Permit documents are kept in a room at the courthouse that is unavailable during court <br />.proceedings and copying permit documents at the courthouse is not allowed. Permit documents <br />must be available during business hours. If a courthouse is selected as the public location to store <br />the permit, the room must be available during court proceedings. The public must also be able to <br />cop), permit documents. Citizen alleges violations of Rule 2.07.3(4)(a), which requires that permit <br />documents be available for public review and copying. <br />State Law / Regulation Potentially Violated: 2.07.3(4)(a) <br />