2011-04-01_GENERAL DOCUMENTS - C1981008 ‎(2)‎

• Permit No: C1981008
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 4/1/2011
• Doc Name: DNR Response to Governor's Fax
• From: Mike King - Executive Director
• To: Ms. JoEllen Turner & Michael Morgan
• Permit Index Doc Type: General Correspondence
• Email Name: DAB
• Email Name: SB1
• Email Name: MLT
• Media Type: D
• Archive: No

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