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MME "T °p - United States Department of the Interior SMEMOFrY<c <br />a <br />OFFICE OF SURFACE MINING � <br />Reclamation and Enforcement <br />• y p9 Western Region Office �'FD <br />4RCH 3.�8 suR64G� <br />1999 Broadway, Suite 3320 F <br />Denver, CO 80202 -3050 <br />HAN�02011 <br />Ms. JoEllen Turner <br />Box 346 <br />Nucla, Colorado 81424 <br />Dear Ms. Turner: <br />Under 30 CFR § 842.15(b), this letter serves as the final response to your May 6, 2010, request for <br />informal review of the Office of Surface Mining Reclamation and Enforcement's (OSM's) Denver <br />Field Division's (DFD's) May 5, 2010, decision regarding Ten -Day Notice (TDN) X10 - 140 -182= <br />003. Your request was received by this office on May 7, 2010. The TDN was issued to the <br />Colorado Division of Reclamation, Mining and Safety (DRMS) as a result of your citizen's <br />complaint dated March 23, 2010, which, among other things, alleged that Western Fuels - <br />Colorado, LLC's (WFC's) reclamation of the Morgan property within the boundaries of WFC's <br />New Horizon Mine does not meet the requirements of Colorado's approved regulatory program. <br />DFD's decision found that, under 30 CFR § 842.11(b)(1)(ii)(B)(4)(i), DRMS had shown good <br />cause for not taking action to cause the possible violation to be corrected because the possible <br />violation did not exist. Your request for informal review states you disagree with DFD's decision <br />and indicates that you believe that DRMS did not show good cause for not taking action and, <br />therefore, its response to the TDN was inappropriate. <br />Citizen's Complaint /TDN Issuance: On March 23, 2010, you sent a citizen's complaint to DFD <br />alleging that: procedural regulations for permit renewals and revisions were not followed; that the <br />Morgan property is prime farmland, and that mining and reclamation has been conducted without <br />regard to prime farmland standards; and that the permitting process for the Morgan property was <br />not followed for determinations of pre- and post - mining land use, soils, and the prime farmland <br />determination. In response to your complaint, DFD issued a TDN to DRMS on April 1, 2010, and <br />referenced the alleged violation that reclamation of the Morgan property does not meet the <br />requirements of Colorado's approved regulatory program. <br />State TDN Response: On April 23, 2010, DRMS responded to the April 1, 2010, TDN. DRMS <br />provided a chronology of permitting actions and decisions for the New Horizon Mine that impact <br />the Morgan property and maintained that the Division has taken appropriate action under its <br />regulatory program to ensure that WFC is in compliance with Permit No. C- 1981 -008 and the <br />requirements of the State program. Based on an extensive review of the current permit file, <br />DRMS also determined that it had good cause for the actions taken with regard to Permit No. C- <br />1981 -008, which addresses prime farmlands, ensures protection of soils, and evaluates pre- and <br />post - mining land uses. <br />