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United States Department of the Interior OF <br />=1'? <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />CERTIFIED MAIL - RETURN RECEIPT REQUESTED October 8, 2010,,,,,,, <br />?aerrarr` <br />David Berry _ ?Director, Coal Regulatory Program <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St. Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Berry <br />Enclosed is a Ten Day Notice (TDN) we have prepared as a result of a citizen complaint dated <br />October 6, 2010 that alleges violations at the New Horizon Mine located in Nucla, Colorado. <br />The complaint states that Western Fuels informed the Morgans that there would be no royalty <br />payments unless the Morgans would drop all their objections and complaints. Enclosed with <br />the complaint was a letter dated September 22, 2010, from Chris Kamper representing Western <br />Fuels Colorado, LLC (WFC). In that letter Mr. Kamper advises the Morgans that WFC would <br />exercise its legal rights under the Lease, including suspension of royalty payments, and if the <br />Morgans wish to resolve the dispute, Mr. Kamper advises withdrawing opposition to PR-06, <br />including agreement not to appeal any decision by the Colorado Division of Reclamation, <br />Mining, and Safety (DRMS). <br />The Office of Surface Mining Reclamation and Enforcement (OSM) has reason to believe that <br />the actions by WFC violate provisions of the Colorado program listed below which ensure the <br />right of citizens to be involved in permitting actions. It appears to OSM that these rights affect <br />the public interest and may not be waived or released by the Lease agreement referenced by <br />WFC, because it would thwart Congress's intent to afford. citizens such rights. <br />The Colorado Swface Coal Mining and Reclamation Act.- <br />34-33-118. Public notice and public hearings on complete applications. <br />(4) Any person having an interest which is or may be adversely affected by a decision <br />of the office regarding the proposed surface coal mining operation, or the officer or head of <br />any federal, state, or local government agency or authority, shall have the right to submit <br />written objections to or comments upon the initial or revised application for a permit to the <br />office within thirty days after the last publication of the above notice.