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March 15, 2012 C- 1981- 008/New Horizon Mine MLT <br />CITIZEN COMPLAINT: <br />Multiple items of correspondence have been received from JoEllen Turner and Michael Morgan; <br />an itemized list is provided below. The Division views this series of submittals as a single <br />citizen complaint that has continued to evolve throughout the month of March 2012. <br />The Division received an initial written complaint from Ms. Turner and Mr. Morgan on <br />Friday, March 9, 2012. The letter, dated March 6, 2012, expressed concerns about an <br />increase in the height of Bench 2 spoil being placed as backfill on the Morgan property. <br />They believe that this increase in the elevation of Bench 2 will reduce the thickness of Bench <br />1 Surface Spoil that can be replaced above it. The letter also addresses a second concern: <br />regarding placement of Bench 2 spoil on top of an area where rocky Bench 1 spoil was <br />previously deposited. <br />• On Thursday, March 15, 2012, the Division received a one -page fax from Ms. Turner (dated <br />March 14, 2012. The fax inquired whether the Division would be sending someone to meet <br />with Mr. Morgan, stated that the backfilled spoil was now as high as their Bench 1, and asked <br />whether the Division had yet received some pictures. <br />• On Monday, March 19, 2012, the Division received an envelope containing 31 photos that <br />were date- stamped March 4, 7 and 8, 2012. A brief description of the subject matter was <br />hand - written on the back of each photo. <br />• Another fax was received from Ms. Turner on Monday, March 19, 2012, in which she <br />expressed an expectation that Mr. Morgan should have been contacted during the inspection <br />that occurred. <br />• Ms. Turner sent an additional fax on Monday, March 26, 2012. This three -page, hand- <br />written letter reiterates her concern about Bench 2 spoil being placed on top of Bench 1, <br />states that Bench 1 was pushed into the pit, and asks about the potential of this spoil <br />placement to impact the hydrology studies, and to settle over time. A photo date - stamped <br />March 7, 2012 (the same date as some of the photos received on March 19) was included, <br />with a description written on the back. <br />During the course of this Complaint, the Division has also had communication with Chris <br />McAnany, attorney for Turner - Morgan. In an email dated Tuesday, March 27, he informed <br />the Division that his clients had mailed additional photos to the Division on March 26. These <br />11 photos, date - stamped March 10, 21 and 23, 2012, were received by the Division on March <br />29, 2012. Each photo had a description of the subject matter written on the back. A hand- <br />written cover letter reiterated previous Turner - Morgan items of concern regarding spoil and <br />Bench 1. A new item was added: "contaminating Top Soil." <br />AVAILABILITY OF RECORDS — Rule 5.02.4(1): <br />• Mine records were available for review at the Western Fuels office located at the mine site. <br />A completed DRMS Availability of Records form is attached to this report. <br />On March 16, 2012, at approximately 11:45 a.m., I visited the Montrose County Courthouse <br />Nucla Annex to inspect the mine's permitting records available for public review. A list of <br />New Horizon documents found there is provided at the bottom of the Records form. <br />Number of Partial Inspection this Fiscal Year: 8 <br />Number of Complete Inspections this Fiscal Year: 3 Page 3 of 12 <br />