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9•d <br />4/MRCS <br />January 14, 2011 <br />Uelted states Department of Agriculture <br />Natural Resources Consents/en s arvloe <br />Sim Boyd. Reaoraoe OonaenaUotu t ?m.boydetto.uads.eov <br />p. O. Box 29 970.227.. 2d6.OFFICE <br />NorwoDd. GO 81423 8o-2t7 -4247 -FAX <br />Randy Randall -- ASTC -Operations <br />DenvcrFederal Center, Building 56, Room 2604 <br />pa Box 25426 <br />Denver, CO 89225 <br />Re: Coal Minna Permit C 1981 - 008. Western Fuels - Colorado LLC <br />In response to your request 1 have reviewed the November 24, 20101etter which raises issues <br />regarding the technical assistance provided to a private. landowner, Mr. Frank Morgan and his <br />representatives, MlkeMorgan and 1oe11en Ttrhuec <br />Post and foremost, NRCS has no regulatory oversight regarding Western Fuels — Colorado LLC <br />New Horizon Mine (Nuc1a, Colorado), and its reclamation activities. As you are aware, that is <br />the responsibility of the Colorado Division of Reclamation, Mining and Safety (DINS). The <br />NRCS is acting in an advisory role, and has provided technical assistance to Western Fuels and <br />the b1Uv S on numerous occasions at their request. Likewise, we have provided technical <br />assistance to the Morgan family whan they request it, as was the case on November 16, 2010. <br />The NRCS is not intimately familiar with Colorado State DBMS rules anad processes as they <br />relate to surface mining and its reclamation. We provide technical expertise regarding soils, <br />agricultural crop production, resoince conservation, etc, when it is requested by the public. <br />Sometime in the first week of November, 2010, the Morgan family requested that NRCS assess <br />the soil handling and reclamation practices which are currently occurring on their property <br />within the New Horizon Mine permit boundary. Due to scheduling conflicts between David <br />Dearstyne, NRCS Soil Scientist, and me (I was out of the office the entire week of November 8- <br />12) the earliest date that we could meet with Mike Morgan and Joellen Turner. was November <br />15. Unfortunately, a snow storm prevented Mr. Dearstyne from driving from Montrose on the <br />15th, so the meeting was pushed to .the next day,'.Novernber 16. The A4organ's also invited <br />representatives from U.S. Department of the Interior Office of Surface Mining Reclamation and <br />Enforcement (OSM), who we net for the first time on November 16. Yes, dieMorgBn's were <br />interested in gaining an assessment from NRCS before the Colorado Mined Land Reclamation <br />Board hearing scheduled for November 17, 2010. But to suggest that MRCS was conspiring with <br />Make Morgan, Ms. Tamer and OSM to quote: "ambush," Western Fuels and DR1v1S on the day <br />of the hearing is just not true, Our site visit unfortunately happened at a late date, and we tried to <br />present our written findings to the Ms. Turner, Mike Morgan, OSM, and DItMS as quickly as <br />possible after the`site visit, around 7:00 PM, Nodetnber 16. Admittedly, 1 did make the <br />The Nalnral Roulette Conser..eion Service lulu fin perhwship PAM are American People Al Style OpPeMadypre.%.d�r end Ert,pre,M <br />to erreer os and adus� natural fesouwvc: oa prSVSLtaL:Ca <br />Z99L 99-OL aeuanl uenof <br />PLTF 001045 <br />