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time. Nevertheless, our records confine that you have filed additional citizen's complaints on the <br />operation and reclamation plans contained within PR -6 which have resulted in TDNs being issued <br />to DBMS. Consequently, a technical evaluation of DRMS's permit findings attendant to the <br />operation and reclamation plans for prime farmlands included in the currently approved permit, as <br />revised by PR -6, will be conducted by OSM as part of the TDN process. The technical evaluation <br />will include consideration of how potential permitting defects may have related, and may continue <br />to relate, to on- the - ground performance and the specific requirements pertinent to prime farmland <br />reclamation standards. Based on the foregoing, I am both reversing and withdrawing DFD's May <br />5, 2010, determination that found the terms of WFC's permit for the New Horizon Mine properly <br />implement the requirements of the Colorado regulatory program. TR -57 is no longer in effect and <br />has been substantially amended by PR -6. As stated above, the operation and reclamation plans <br />within the permit, as revised by PR -6, will be reviewed by OSM in accordance with the TDN <br />process. <br />If you do not agree with this decision, you have the right under 43 CFR § 4.1280 et seq. to appeal <br />to the Department of the Interior's Office of Hearings and Appeals. If you wish to appeal this <br />decision, your written notice of appeal must be filed within 20 days from receipt of this decision at <br />the following address: <br />Office of Hearings and Appeals <br />Interior Board of Land Appeals <br />801 N. Quincy Street, Suite 300 <br />Arlington, Virginia 22203 <br />Telephone number 703 -235 -3800 <br />In addition, you must send a copy of your notice of appeal to the following two addresses: <br />U.S. Department of the Interior <br />Office of the Solicitor <br />Attn: Terri L. Debin <br />755 Parfet Street, Suite 151 <br />Lakewood, Colorado 80215 <br />Telephone number 303 - 231 -5353 <br />AND <br />U.S. Department of the Interior <br />Office of Surface Mining Reclamation and Enforcement <br />Attn: Allen D. Klein <br />1999 Broadway, Suite 3320 <br />Denver, Colorado 80202 -5733 <br />Telephone number 303 - 293 -5001 <br />Your notice of appeal, should include your appeal identification number, which is TDN X10 -140- <br />182 -003, and the date of this decision. As part of your appeal, you are required to file a statement <br />of reasons for the appeal. If a statement of reasons is not included in the notice of appeal, it must <br />be filed within 20 days after the filing of the notice of appeal. <br />9 <br />