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OFFICE OF THE EXECUTIVE DIRECTOR <br />Department of Natural Resources <br />1313 Sherman Street, Room 718 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3311 <br />Fax: (303) 866 -2115 <br />dor.state.co.us <br />April 1, 2011 <br />Ms. Jo Ellen Turner and Mr. Michael Morgan <br />P.O. Box 346 <br />Nucla, Colorado 81424 <br />Dear Ms. Turner and Mr. Morgan: <br />Sincerely, <br />"a <br />Mike King <br />Executive Director <br />STATE OF COLORADO <br />COLORADO <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />On January 26, 2011, the Governor's office received your fax regarding the Morgan farm property in Nucla, <br />Colorado. The Governor tasked me, as his Executive Director for the Department of Natural Resources, to <br />respond. The letter raises a number of concerns regarding the effectiveness of the Division of Reclamation, <br />Mining and Safety (DRMS) in implementing and enforcing the provisions of the Colorado Surface Coal <br />Mining Reclamation Act (34 -33 -101 et. seq.) and Regulatory Program on the Morgan farm property. <br />According to the DRMS, Mr. Frank Morgan leased property to Western Fuels Colorado (WFC) for expansion <br />of the New Horizon Mine in 1998. In June 2000, the Morgan property was incorporated into permit number <br />C- 1981 -008 through a permit revision. The combination of the signed lease and the approved permit <br />revision allowed WFC to mine and reclaim the Morgan property. <br />More recently, DRMS issued Permit Revision No. 6 (PR6) to amend the reclamation requirements on the <br />Morgan property. The DRMS proposed to approve PR6 and issued a Proposed Decision and Findings of <br />Compliance on October 1, 2010. At your request, a formal hearing before the Mined Land Reclamation <br />Board (Board) was held on November 17, 2010. The Board voted unanimously to uphold the Division's <br />proposed decision as documented in their Order and Conclusions of Law signed by the Board chairman on <br />December 8, 2010. <br />We are aware that you have filed a civil suit against the DRMS and the Colorado Department of Natural <br />Resources as well as an appeal to the Board's decision to approve PR6 in Montrose County Court. The <br />Governor's administration must allow the adjudicatory and judicial processes to move forward without our <br />intervention. <br />As mining and reclamation progresses on the Morgan property, we encourage you to contact the DRMS <br />directly regarding your concerns. <br />Board of Land Commissioners • Division of Reclamation, Mining & Safety • Colorado Geological Survey <br />Oil & Gas Conservation Commission • Colorado State Parks • Division of Forestry <br />Water Conservation Board • Division of Water Resources • Division of Wildlife <br />