2011-01-14_ENFORCEMENT - C1981008

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United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement Western Region Office 1999 Broadway, Suite 3320 Denver, CO 80202-3050 JAN 12 2011 David Berry Director, Coal Regulatory Program Colorado Division of Reclamation Mining and Safety 1313 Sherman St. Room 215 Denver, Colorado 80203 Dear Mr. Berry: o A ?F ?sua? RECelve"ID JAN 14 ?011 Division of its Mining and Enclosed is a Ten Day Notice (TDN) we have prepared as a result of a citizen complaints received January 6 and January 11, 2011 alleging potential violations at the New Horizon mine in Nucla, CO. The complainant alleges prime farmland topsoil was being removed in the rain and under snow and that rocks were not removed prior to replacing topsoil. We have determined that the violations alleged are that topsoil salvage operations damaged the chemical and physical properties of the soil and did not minimize erosion, contamination and / or compaction and that the soil redistribution plan was not complied with. These are potential violations of Rules 4.06.3 and 4.06.3 and 2.05.4. Please respond as directed in 30 CFR 842.11 within ten business days by taking appropriate action to cause the violation to be corrected or show good cause for such failure. Appropriate action and good cause are explained at 30 CFR 842.11(b)(3) and (4). On January 6th, the complainant alleges topsoil removal operations were conducted in the rain and under eighteen inches (18") of snow. Specifically, the complainant states: "On December 23, 2010 after it had rained for two days and very nasty. The mine moved our "A" lift which they had pushed up and loaded it in haul packs and running on our "B" lift in the mud, hauled our "A" lift to the stock pile tracking and compacting everything. Our good dirt stick to the tires and tracking everywhere and compacting our topsoil stockpile of the "A" lift in wet wet conditions." In another letter received on the same date, the complainant states: "They sent a letter stating that the state will only allow them to remove topsoil if it is dry & then they remove it in the rain & under 18 inches of snow.". By fax dated January 1 Ith, the complainant stated "When they have ripped, the rocks have not been removed before laying top soils." Copies of these documents are enclosed. If you have any questions or require additional time to respond, please contact me at (303) 293 - 5020 or cbelka(a-,osmre.gov. Sincerely, Christine Belka Environmental Protection Specialist OSMRE Denver Field Division Enclosures (3)