2011-05-23_ENFORCEMENT - C1981008 ‎(2)‎

• Permit No: C1981008
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 5/23/2011
• Doc Name: Response to Ten Day Notice - Resent 6/1/11
• From: DRMS
• To: OSM
• Violation No.: TDNX11140532001
• Email Name: DAB
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
May 23, 2011
Mr. Kenneth Walker
Chief, Denver Field Division
Office of Surface Mining Reclamation and Enforcement
1999 Broadway, Suite 3320
Denver, Colorado 80202-3050
RE: New Horizon Mine, C-1981-008
Ten Day Notice #X11-140-532-001
Dear Mr. Walker:
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
John W. Hickentooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
The Colorado Division of Reclamation Mining and Safety (Division) received Ten Day Notice (TDN) # X11-140-532 -
001 on May 16, 2011. The TDN was issued by the Office of Surface Mining (OSM) on May 12, 2011 in response to
a citizen complaint from Ms. JoEllen Turner. Ms. Turner alleges, "improper soil stripping practices under wet and
rainy conditions" at the New Horizon Mine on May 11, 2011. The OSM cites a violation of Rule 4.06.2.
'The OSM had contacted the Division by telephone the morning of May 11, 2011 regarding Ms. Turner's complaint.
A Division representative, Marcia Talvitie, conducted on an-site inspection the same day. A copy of the inspection
report is attached to this response.
As documented in the Division's May 11, 2011 inspection report, there was no evidence to support a violation of
Rule 4.06.2. The Division found no evidence that topsoil and subsoil salvage operations were conducted when
soils were saturated, or in any manner that caused damage to the physical and chemical properties of the soil
resource.
It is the Division's finding that the alleged violations do 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.
Please contact me if you have additional questions.
Sincerely,
Zvi2dA. Berry
Director, Office of Mined Land Reclamation
Attachment - May 11, 2011 Inspection Report
STATE OF COLORADO
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Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines