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Fri, United States Department of the Interior tc�NiOFr <br />Ed b <br />Qv, yia <br />g OFFICE OF SURFACE MINING <br />Reclamation and Enforcement o <br />�8 • Western Region OfficepF <br />" s 1999 Broadway, Suite 3320 <br />Denver, CO 80202 -3050 <br />MAR 2 2 2011 <br />David Berry <br />Director, Coal Regulatory Program 9 <br />Colorado Division of Reclamation Mining and Safety 4 7011 <br />1313 Sherman St. Room 215 <br />Denver, Colorado 80203 Diws1. - -- amalron, <br />Mining and Sat* <br />Dear Mr. Berry: <br />We have prepared the enclosed Ten'Day Notice (TDN X11 - 140 -182 -003) as a result of citizen <br />complaints received in this Office March 7 through 14, 2011. The complainant alleges three new <br />potential violations at the New Horizon Mine. These are: Western Fuels - Colorado moved <br />boundary markers delineating the 51 acres that had been mined before her property was <br />designated as prime farmland by approximately 50 feet; that permit documents are not available <br />during court proceedings and copying of permit documents at the courthouse is not allowed; and <br />that subsoil sampling activities are not conducted appropriately. Copies of the relevant portions <br />of Ms. Turner's complaints are enclosed. A complete copy of the complaints received by this <br />office March 7 through 14, 2011 will be provided at your request. <br />Please respond as directed in 30 CFR 842.11 within ten business days by taking appropriate <br />action to cause the violation to be corrected or show good cause for such failure. Appropriate <br />action and good cause are explained at 30 CFR 842.11(b)(3) and (4). <br />If you have any questions or require additional time to respond, please contact me at (303) 293 — <br />5020 or cbelka(a)osmre.gov. <br />Sincerely, <br />Christine Belka <br />Environmental Protection Specialist <br />OSMRE Denver Field Division <br />Enclosures (4) <br />