2011-01-31_ENFORCEMENT - C1981008

• Permit No: C1981008
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 1/31/2011
• Doc Name: DRMS Response to TDN
• From: DRMS
• To: Christine Belka OSM
• Violation No.: TDNX11140182002
• Email Name: DAB
• Email Name: MLT
• Email Name: SB1
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
January 31, 2011
STATE OF COLORADO
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
Ms. Christine Belka
John W. Hickenlooper
Environmental Protection Specialist
Governor
Denver Regional Office
Office of Surface Mining
Mike King Executive Director
1999 Broadway, Suite 3320
Loretta E. Pineda
Director
Denver, Colorado 80202 -3050
RE: New Horizon Mine, C- 1981 -008
Ten Day Notice #X11 - 140 - 182 -002
Dear Ms. Belka:
The Colorado Division of Reclamation Mining and Safety (Division) received Ten Day Notice (TDN) # X11-
140- 182 -002 on January 24, 2011. The TDN was issued by the Office of Surface Mining (OSM) on
January 20, 2011 in response to a citizen complaint from Ms. JoEllen Turner. Thirteen alleged violations
or permit deficiencies are cited regarding Permit Revision No. 6 (PR6) for the New Horizon Mine. Before
each allegation is addressed, a summary of the PR6 review process and other actions pertaining to the
Morgan property is provided.
Permit Revision No. 6 (PR6) was submitted by Western Fuels Colorado on November 12, 2009. The
Division proposed to approve PR6 after an extensive review and prepared the attached Proposed
Decision and Findings of Compliance on October 1, 2010 (Findings). The review process is summarized in
the findings document starting on page 6. Numerous objections to the Division's proposed decision
were received. Ms, JoEllen Turner and Mr. Michael Morgan, two of the objectors, requested a formal
hearing before the Mined Land Reclamtion Board (Board). The formal Board hearing was held on
November 17, 2010. The Board voted unanimously to uphold the Division's proposed decision as
documented in the attached Order and Conclusions of Law (Order) signed by the Board chairman on
December 8, 2010. As required by Rule 2.07.4(3)(b), the decision of the Board was implemented by the
Division within five days after the Board's Order. The Order is subject to judicial appeal.
Ms. Turner and Mr. Michael Morgan have also filed a civil suit against the Division in Montrose County
District Court. The complaints in the civil suit are similar to the alleged violations that--OSM— hJs - -� -, .
identified in TDN #X11 - 140 - 182 -002.
A previously issued and related TDN #X10 - 140 - 182 -003 was received by the Division on April 6, 2010.
An extensive internal evaluation occurred in response to the previous TDN, and the Division found that
no violation existed. This conclusion was presented in the Division's response to OSM's Denver Field
Division (DFD) on April 23, 2010. By letter dated May 5, 2010, the DFD informed Ms. Turner that the
Division had shown good cause for not taking action. On May 7, 2010, Ms. Turner appealed the DFD
finding, and requested that the Director of the Western Region Office of Surface Mining conduct an
informal review of the action taken by the DFD. In a letter dated June 18, 2010, OSM postponed the
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