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<br />?Q? tiNT FTy?ti United States Department of the Interior <br />0 $ OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office <br />H 3 1aA9 1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />J U N 1 3 2011 <br />??tc?ofT,??? <br />ISSUF <br />r-WED <br />David Berry JUN 1 5 20 - <br />Director, Coal Regulatory Program _ _. - :reclamation. <br />Colorado Division of Reclamation, Mining and Safety Raining and Sa e* <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />.0<-4 -2 <br />RE: TDN #X11-140-532-001, Western Fuels, New Horizon Mine, Permit #C-1981-008 <br />Dear Mr. Berry: <br />Thank you for your letter dated May 23, 2011, (received electronically May 23, 2011, hard copy <br />June 6, 2011) in response to Ten Day Notice (TDN) #X11-140-532-001. This TDN pertained to <br />a citizen complaint which alleged that lift A and B on the Morgan property were worked and <br />handled under wet and rainy conditions at the New Horizon Mine. <br />After receiving a response to a TDN from the Division of Reclamation Mining and Safety (the <br />Division), the Office of Surface Mining Reclamation and Enforcement (OSMRE) must <br />determine whether the standards for appropriate action, or good cause for such failure, have been <br />met in accordance with 30 CFR 842.11(b)(1)(ii)(B). An action or response from the Division that <br />is not arbitrary, capricious, or an abuse of discretion under the state program shall be considered <br />"appropriate action" if it causes a violation to be corrected or "good cause" if it shows valid <br />reason for failure to take such action. <br />"Appropriate action" includes enforcement or other action authorized under the State program to <br />cause a violation to be corrected. "Good cause" includes: (i) under the State program, the <br />possible violation does not exist; (ii) the regulatory authority requires a reasonable and specified <br />amount of additional time to determine whether a violation of the State program exists. <br />The citizen complaint forwarded to the Division in this TDN identified potential mishandling of <br />the A and B lift soil materials on the Morgan property. Ms. Turner witnessed equipment on the <br />previously indicated materials while it was raining and took photos. Ms. Turner's photos were <br />received on May 23, 2011. An inspection of the New Horizon mine was conducted on the <br />afternoon of May 11, 2011, the same day DFD received the citizen complaint. Included in the <br />inspection report were photos, rain data from the on-site rain gauge and equipment usage logs.