2011-02-28_ENFORCEMENT - C1981008

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 February 28, 2011 Ms. Christy Hulsman Natural Resource Specialist Office of Surface Mining 1999 Broadway, Suite 3320 Denver, Colorado 80202-3050 RE: New Horizon Mine, C-1981-008 Ten Day Notice #X11-140-117-001 Dear Ms. Hulsman: COLORADO D IV IS I ON OF RECLAMATION MINING SAFETY John W. Hickenlooper Governor Mike King Executive Director Loretta E. Pineda Director The Colorado Division of Reclamation Mining and Safety (Division) received Ten Day Notice (TDN) # X11-140-117- 001 on February 17, 2011. The TDN was issued by the Office of Surface Mining (OSM) on February 16, 2011 in response to a citizen complaint from Ms. JoEllen Turner. The complainant alleges that, "Last week the coal Mine hauled nothing but Rocks and dumped in the so-called Bench One suitable subsoil". OSM interprets this complaint "as alleging that suitable subsoil material was not handled or stored in a manner that would prevent contamination which would lessen the capacity of the material to support vegetation when redistributed". On February 22, 2011, the Division requested additional clarification regarding the allegations. Later that day, OSM stated they "could not clarify beyond the details provided via the complainant". Therefore, the Division will describe the suitable subsoil material requirements approved in the permit and what activities are occurring on the ground with respect to that material. "Suitable subsoil", the term used by Ms. Turner in her complaint, was the term being used in February 2008 to describe the Bench 1 material placed in the uppermost spoil, directly beneath the topsoil layer. In February 2008, prior to the prime farmland designation, WFC had mined through a portion of the Morgan property. There were 51.6 acres from which topsoil was already stripped. Of the 51.6 acres, 35.5 acres was backfilled with at least 26 inches of Bench 1 material and topsoil was redistributed above the Bench 1 material on the eastern 5.8 acres of the Morgan property. With PR-06, the "suitable subsoil" nomenclature was revised, and the term "Bench 1 Subsoil Substitute" was adopted to describe those areas of the Morgan property where Bench 1 material will function as subsoil. This was necessary to achieve the 48-inch minimum requirement for soil replacement on prime farmlands. The reclaimed area for which Bench 1 material serves as a subsoil substitute is limited to approximately 20.02 acres at the easternmost end of the Morgan property. This area is depicted as topsoil redistribution Zones 1 (7.81 acres) and 2 (12.21 acres) on Map 2.05.4-6. An excerpt of this map is attached. On the remainder of the Morgan property, Zones 3 and 4 on Map 2.05.4-6, an average depth of 33 inches of Lift B subsoil will be replaced between the upper lift of topsoil and the regraded spoil. In Zones 3 and 4, the Bench 1 material underlying Lift B soil is termed, "Bench 1 Surface Spoil" and is not designated for use as a subsoil substitute. Office of Office of Mined Land Reclamation Denver • Grand )unction Durango Active and Inactive Mines