2011-08-04_ENFORCEMENT - C1981008

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United States Department of the Interior Mr. David Berry Director, Coal Regulatory Program Division of Reclamation Mining and Safety Colorado Depaitment of Natural Resources 1313 Sherman St. Room 215 Denver, Colorado 80203 Dear Mr. Berry: OFFICE OF SURFACE MINING Reclamation and Enforcement Western Region Office 1999 Broadway, Suite 3320 Denver, CO 80202 -3050 August 1, 2011 Is13 0442011 mic,lam 'n tAning &nd Safety As you are aware, several citizens' complaints pertaining to the operation and reclamation plans for prime farmlands included within the currently approved New Horizon Mine permit C- 008 -81, as revised by permit revision No. 6 (PR -6), have resulted in Ten -Day Notices (TDNs) being issued to the Colorado Division of Reclamation, Mining and Safety (DRMS). To address these complaints under the TDN review process, the Office of Surface Mining Reclamation and Enforcement (OSM) has conducted a technical evaluation of the prime farmland reclamation plans approved within permit C- 008 -81. This technical evaluation included consideration of how potential permitting defects may have related, and may continue to relate, to on- the - ground performance and the specific requirements pertinent to prime farmland reclamation standards included within the Colorado regulations. OSM has completed this phase of the permit evaluation, and DRMS has reviewed the draft technical documents. The final technical evaluation findings are attached. OSM's technical evaluation of permit C- 008 -81 identified several areas within the approved permit where soils and overburden data are insufficient to reasonably conclude that the prime farmland reclamation plans therein have been prepared to be in accordance with the state program performance standards. Based on these concerns, a field investigation is necessary to complete the continuing regulatory investigation of the citizens' complaint allegations contained in the outstanding TDNs. To evaluate the severity of the technical concerns, additional soils sampling must be conducted, along with subsequent appropriate analysis, to determine if an adequate volume of suitable soil material exists and can be handled in a practical manner to complete reclamation of the prime farmlands as required under the Colorado regulations. OSM assumes that DRMS will want to take responsibility for conducting a field investigation with assistance from OSM and the National Resources Conservation Service (NRCS). This field investigation requires the assistance, participation, and coordination of all three agencies to achieve technical collaboration, inspection, and problem resolution. Accordingly, OSM has been in contact with the NRCS State Soil Scientist and has confirmed their willingness to participate and assist in this effort with DRMS and OSM. We propose all three agencies work together to design the field sampling requirements, establish quality control and assurance requirements,