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Dear Mr. Berry: <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202 -3050 <br />October 25, 2012 <br />David Berry <br />Director, Coal Regulatory Program <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St. Room 215 <br />Denver, Colorado 80203 <br />Re: TDN # X11-140-182-003, Western Fuels, New Horizon Mine, Permit # C- 1981 -008 <br />This is in response to your May 4, 2011, letter requesting informal review of Ten -Day Notice <br />(TDN) # X11 - 140 - 182 -003. By letter dated April 26, 2011, the Office of Surface Mining <br />Reclamation and Enforcement (OSMRE), Denver Field Division (DFD) determined that your <br />original response to Item 2 of this TDN was arbitrary and capricious. This Item addressed the <br />availability of permit records for public inspection and copying. Your May 4, 2011, letter <br />constitutes your revised response to Item 2 of the TDN. <br />After receiving a response to a TDN from the Division of Reclamation Mining and Safety (the <br />Division), OSMRE must determine whether the standards for appropriate action, or good cause <br />for such failure, have been met in accordance with 30 CFR 842.11(b)(1)(ii)(B)(3) and (4). An <br />action or response from the Division that is not arbitrary, capricious, or an abuse of discretion <br />under the State program shall be considered "appropriate action" if it causes a violation to be <br />corrected or "good cause" if it shows valid reason for failure to take such action. <br />"Appropriate action" includes enforcement or other action authorized under the State program to <br />cause a violation to be corrected. "Good cause" includes: (i) under the State program, the <br />possible violation does not exist; and (ii) the regulatory authority requires a reasonable and <br />specified amount of additional time to determine whether a violation of the State program exists. <br />You originally responded to Item 2 in the TDN on April 8, 2011, by stating that, according to the <br />Deputy County Clerk, permit materials are available during trials but the County does not allow <br />use of their copy machines to the public and individuals are allowed to bring in portable scanners <br />or portable copy machines to make copies of documents. You also stated that all New Horizon <br />