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- 11w <br />United States Department of Agriculture <br />m N RCS <br />Natural Resources Conservation Service <br />Jim Boyd, Resource Conservationist <br />P. O. Box 29 <br />Norwood, CO 81423 <br />jim.boyd@co.usda.gov <br />970-327-4245-OFFICE <br />970-327-4247-FAX <br />January 14, 2011 <br />Randy Randall - ASTC-Operations <br />Denver Federal Center, Building 56, Room 2604 <br />PO Box 25426 <br />Denver, CO 80225 <br />Re: Coal Mining Permit C-1981-008 Western Fuels -Colorado LLC <br />In response to your request, I have reviewed the November 24, 2010 letter which raises issues <br />regarding the technical assistance provided to a private landowner, Mr. Frank Morgan and his <br />representatives, Mike Morgan and Joellen Turner. <br />First and foremost, NRCS has no regulatory oversight regarding Western Fuels - Colorado LLC <br />New Horizon Mine (Nucla, Colorado), and its reclamation activities. As you are aware, that is <br />the responsibility of the Colorado Division of Reclamation, Mining and Safety (DRMS). The <br />NRCS is acting in an advisory role, and has provided technical assistance to Western Fuels and <br />the DRMS on numerous occasions at their request. Likewise, we have provided technical <br />assistance to the Morgan family when they request it, as was the case on November 16., 2010. <br />The NRCS is not intimately familiar with Colorado State DBMS rules and processes as they <br />'relate to surface mining and. its reclamation. We provide technical expertise regarding soils, <br />agricultural crop production, resource conservation, etc, when it is requested by the public. <br />Sometime in the first week of November, 2010, the Morgan family requested that NRCS assess <br />the soil handling and reclamation practices which are currently occurring on their property <br />within the New Horizon Mine permit boundary. Due to scheduling conflicts between David <br />Dearstyne, NRCS Soil Scientist, and me (I was out of the office the entire week of November 8- <br />12) the earliest date that we could meet with Mike Morgan and Joellen Turner was November <br />15. Unfortunately, a snow stone prevented Mr. Dearstyne from driving from Montrose on the <br />15th, so the meeting was pushed to the next day, November 16. The Morgan's also invited <br />representatives from U.S. Department of the Interior Office of Surface Miring Reclamation and <br />Enforcement (OSM), who we met for the first time on November 16. Yes, the Morgan's were <br />interested in gaining an assessment from NRCS before the Colorado Mined Land Reclamation <br />Board hearing scheduled for November 17, 2010. But to suggest that NRCS was conspiring with <br />Mike Morgan, Ms. Turner and OSM to quote: "ambush," Western Fuels and DBMS on the day <br />of the hearing is just not true. Our site visit unfortunately happened at a late date, and we tried to <br />present our written findings to the Ms. Turner, Mike Morgan, OSM, and DRMS as quickly as <br />possible after the site visit, around 7:00 PM, November 16. Admittedly, I did make the <br />The Natural Resource Conservation Service works in partnership with the American People <br />to conserve and sustain natural resources on private lands. An Equal Opportunity Provider and Employer.