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United States Department of the Interior ,,0 <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office ??F? SURr <br />1999 Broadway, Suite 3320 pECEI <br />Denver, CO 80202-3050 <br />FEB 10 2011 <br />David Berry F E B 8 2011 <br />e y <br />Director Coal Regulatory Program Mining g Division = and ti Safety <br />f <br />Colorado Division of Reclamation Mining and Safety <br />1313 Sherman St. Room 215 <br />Denver, Colorado 80203 <br />Re: TDN #X11-140-182-002, Western Fuels, New Horizon Mine, Permit # C-1981-008 <br />Dear Mr. Berry: <br />Thank you for your letter dated January 31, 2011 (received February 1, 2011) in response to ten <br />day notice (TDN) #X1 1-140-182-002. This TDN pertained to citizen complaints alleging <br />thirteen violations or permitting deficiencies pertaining to Permit Revision No. 6 (PR-06). <br />The Office of Surface Mining Reclamation and Enforcement (OSM) strives to make a <br />determination on State responses to TDN's within ten days of receipt. As noted in Directive <br />INE-35, Part 6, Procedures, (b)(4) "How long does OSM have to evaluate an RA's response to a <br />TDN...", our review may be extended if there is a need for special expertise such as legal <br />assistance or technical review. OSM is conducting an in-depth review of PR-06, which will <br />require input from several technical experts. We believe this will result in a more comprehensive <br />understanding of the issues raised by Ms. Turner, and of the response you have provided. This <br />level of understanding is necessary to make a valid determination on your response. As a result, <br />we will not provide a written determination on the adequacy of your response within ten days. <br />I appreciate your patience and willingness to work with OSM, Western Fuels-Colorado, Ms. <br />Turner and the Morgans to resolve these issues, which are of vital importance to the successful <br />reclamation of this rare prime farmland resource in Colorado. <br />If you have any questions, please contact me at (303) 293-5012 or kwalker@osmre.gov. <br />Sincere , <br />Kenneth Walker <br />Acting Chief <br />OSMRE Denver Field Division