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.. iii iiiiiiiiiiiii iii United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement Suite 1200 505 Marquette Avenue N.W. Albuquerque, New Mexico 87102 August 6, 1993 PRIDE IN~~ atitEw~~ .~ ~ ^ IN REPLY REFER TO: Mr. Michael B. Long, Director Division of Minerals and Geology A(1G 9 1993 Department of Natural Resources u;v,;,.,„ , 215 Centennial Building ~ '~ ~"" ~` . 1313 Sherman Street '~~~"`" Denver, Colorado 80203 Dear Mr. Long: We have reviewed the Citizens Coal Council request of May 28, 1993, that the Office of Surface Mining Reclamation and Enforcement (OSM) take steps to revoke Colorado settlement agreements, including those agreements addressing highwall retention at the Apex and Fruita Mines and to achieve compliance at these and other mines. Pursuant to that request, the Albuquerque Field Office (AFO) sought a legal review of the Apex and Fruita settlement agreements. The legal review concluded that the settlement agreements contravene the current approved State program. This finding is consistent with my letter to you of March 10, 1993, wherein I stated: "OSM believes these kinds of agreements and approvals are not consistent with the Colorado approved program. " ` ' OSM believes that it is imperative that Colorado ceases this practice and commits to revise those already approved agreements to conform with its existing program." Because no action has been taken to modify those agreements, I am requesting that Colorado immediately revoke the Apex and Fruita settlement agreements. In July of 1991, the AFO issued aTen-Day Notice (TDN) to the Division of Minerals and Geology (DMG) regarding the failure to return the disturbed areas at the Fruita Mine to their approximate original contour (AOC). DMG's response to that TDN was found to be inappropriate and, subsequent to an informal review, upheld by OSM's Deputy Director. Prior to AFO conducting the required Federal follow-up inspection, DMG, on September 24, 1991, issued a Notice of Violation (NOV) requiring the company to restore the disturbed areas to their approximate original contour. All remedial measures were to be accomplished no later than December 24, 1991. DMG's issuance of the NOV temporarily stayed the need to conduct the Federal follow-up inspection.