2011-04-08_ENFORCEMENT - C1981008

• Permit No: C1981008
• IBM Index Class Name: Enforcement
• Doc Date: 4/8/2011
• Doc Name: TDN Response Letter
• From: DRMS
• To: OSM
• Violation No.: TDNX11140182003
• Email Name: DAB
• Email Name: SB1
• Email Name: MLT
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
April 8, 2011
Ms. Christine Belka
Natural Resource Specialist
Office of Surface Mining
1999 Broadway, Suite 3320
Denver, Colorado 80202-3050
RE: New Horizon Mine, C-1981-008
Ten Day Notice #X11-140-182-003
Dear Ms. Belka:
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pir'leda
Director
The Colorado Division of Reclamation Mining and Safety (Division) received Ten Day Notice (TDN) # X11-140-182
on March 24, 2011. The TDN was issued by the Office of Surface Mining (OSM) on March 22, 2011 in response to
a citizen complaint from Ms. JoEllen Turner. In an email from Kenneth Walker dated March 25, 2011 OSM
granted the Division an extension from April 4, 2011 until April 11, 2011 to provide a response. The responses
below correlate with the three alleged violations in the TDN.
1. Citizen alleges that WFC moved the 2008 boundary markers on her property.
There is no regulatory or permit requirement to mark the 2008 activity line on the Morgan property. Rule 4.02
requires signs and markers for: Mine and permit identification signs, perimeter markers to identify the limits of
surface coal mining activities, stream buffer zones, blasting areas, and topsoil stockpiles. However, to assist the
Division inspectors and mine personnel, Western Fuels-Colorado (WFC) is marking the topsoil replacement zones
shown on Map 2.05.4-6 on the Morgan property. A photo of the markers is included in the attached inspection
report from the March 29-30, 2011 inspection. Internal boundary locations are subject to survey and/or GPS
verification.
It is the Division's finding that the alleged violation does not exist. Western Fuels-Colorado is in compliance with
the Colorado Rules for Surface Coal Mining and Reclamation and they are in compliance with their permit, Permit
No. C-1981-008.
2. Citizen alleges permit documents are not accessible at the Montrose County Courthouse Annex - at Nucla and
that citizens are not able to copy documents at the courthouse.
The hours at the Montrose County Courthouse Annex - at Nucla are 08:30 - 12:00 and 13:00 - 16:30
Monday - Friday. The annex is accessible to local residents. The permit application materials are located in
a room with permit materials from other mines in the area. According to Ms. Vanna Naslund, the Deputy
County Clerk, the permit materials are available during trials, although persons entering the annex during a
trial may be required to pass through a metal detector. The County does not allow use of their copy
Office of
Office of
Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY