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f.. <br /> <br />~• <br />~_ <br />•. <br />r <br />United States Depanment of the Interior <br />OFFICE OF SURFACE 1QNIN(: <br />RECIAMATTOfi AND ExFORCfMEI-T <br />SUITE !10 <br />625 SILVER AVENUE. S.M'. <br />ALBUQUERQUE, NEM' MEXICA 8710: <br />May I0, I940 <br />L J <br />CERTIFIED lLtIL--RESURN RECEIPT REQUESTED <br />P 965 798 948 <br />Mr, Michael B. Long, Coal Program Supervisor <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street <br />Dexrver, CO 80203 <br />Re: Ten-Day Notice 90-02-244-4 <br />Dear Mz. Long: <br />.. <br />....~~ <br />~~ <br />~~ <br />~~ ~ <br />M ew, ai. Ta <br />~AY ;a . <br />_ 1~. <br />~. <br />_- ni~lY~:! ~~ <br />.~%.. /.~I~~'~'N thin <br />Ia accordance with 30 CFR 842.11, following is a written finding <br />regarding the !fined Land Reclamation Division's (NERD) response to the <br />above Ien-Day Notice (TDN): <br />On March .0 .ad 21, 1990, the Albuquerque Field Office (AFO) conducted a <br />random sample oversight inspection of Colorado Yampa Coal Company's <br />Energy No. 3 mine; the OSM inspector vas accompanied by an lII.RD <br />representative. Tne inspection resulted in the issuance of TDN 90-02- <br />244-4 dated March 26, 1990. The TDN vas sent by certified mail and v*un <br />received it on April 9, 1990. MIItD's initial response to the TDI~ vas <br />received by telephone from Jim Stevens to Gary Fziu on April 18, 1990. <br />Your office's written response regarding the TDN vas received on April <br />20, 1990. AF9 will consider this a timely response to I'f)~ 90-02-244-4. <br />The TDN cites Colorado regulation CCR 4.07-2 Section 4.09.1(11) as the <br />regulation believed to have been violated for violation 1 of 2. Tne TDt~ <br />states that the operator failed to inspect and certify an out-of-pit <br />spoil disposal area on a quarterly basis and during critical <br />construction phases. <br /> <br />Your office bas responded by indicating that the out-of-pit spoil dump <br />vas coastrveted prior to approval of the permanent State program. As a <br />result; it vas specifically exempted by lIIRD from the raquizemenu of <br />Rule 4,09. As indicated, MIBD recognizes that there is need to cle <br />this defieteaep; consequently, the request vas maos prior ra the <br />oversight lnapaetioa that the company address the construction in f~e <br />