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T pp?y United States Department of the Interior OFTy?a <br />i <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement p <br />0 ` Western Region Office <br />• ?4RCH 3 ?$a 1999 Broadway, Suite 3320 oFSURFAO`?? <br />Denver, CO 80202-3050 <br />MAY 1 2 2011 <br />David Berry i'i ' -( 6 2011 <br />Director, Coal Regulatory Program <br />, <br />aaeiy <br />Colorado Division of Reclamation, Mining and Safety Mining g and t?cia SafaiV <br />Mi <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Berry: <br />Enclosed is a Ten-Day Notice (TDN) we have prepared as a result of a citizen complaint <br />received May 11, 2011 alleging potential violations at the New Horizon Mine located in Nucla, <br />Colorado. The complaint alleges that A and B lift on the Morgan property were worked and <br />handled under wet and rainy conditions. We interpret this complaint as alleging topsoil salvage <br />operations were conducted during periods of excessive precipitation and that the soil was <br />saturated. If the soil was saturated, handling it could have damaged its physical and chemical <br />properties and salvaging operations would not have minimized erosion, contamination, and/or <br />compaction. We have determined that this is a potential violation of Colorado Rule 4.06.2, <br />topsoil removal. A copy of Ms. Turner's complaint is enclosed. <br />Please respond as directed in 30 CFR 842.11 within ten business days by taking appropriate <br />action to cause the violation to be corrected. or show good cause for such failure. Appropriate <br />action and good cause are explained at 30 CFR 842.11(b)(3) and (4). <br />If you have any questions or require additional time to respond, please contact me at (303) 293- <br />5042 or chulsman@osmre.gov. <br />Sincerely, <br />Chri ulsman, ID #532 <br />Natural Resources Specialist <br />OSMRE, Denver Field Division <br />Enclosures