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uii iiiiiiiiiiiiiiii <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Natural Resources <br />I l l S Sherman SI., Room 215 <br />Denver, Colorado 80201 <br />Phone: U03) 866-3567 <br />lAX: 1303) 832-8106 <br />May 8, 1995 <br />Mr. Thomas E. Ehmett, Acting Director <br />Albuquerque Field Office <br />Office of Surface Mining <br />505 Marquette Avenue, NW, Suite 1200 <br />Albuquerque, NM 87102 <br />RE: TDN X-95-020-179-002 <br />Seneca II-West Mine (C-82-057) <br />Dear Mr. Ehmett: <br />~~ <br />DEPARTMEI~IT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />Ianres S. LOChhead <br />Faecmrve Director <br />Michael B Lung <br />Division Dirennr <br />The Division of Minerals and Geology ("the Division") received the above referenced ten <br />day notice from the Office of Surface Mining (OSM) on April 28, 1995. The TDN cited <br />three alleged violations of the Colorado regulations. After a review of facts related to the <br />three alleged violations, the Division has determined that no violations of the Colorado <br />regulations exist at this time. Following is the Division's demonstration of good cause for <br />not issuing enforcement actions for the alleged violations in the TDN. Copies of documents <br />referred to are enclosed to help with your review of this response. <br />Issue 1: <br />The TDN cites an alleged violation of Rules 4.03.1(4) and 4.05.9(2) for failure to design and <br />certify an impoundment at the outlet of a haul road ditch. A sump had been constructed <br />at the ditch outlet to minimize the amount of sediment leaving the haul road corridor. <br />Following receipt of the TDN, the Division conducted afollow-up inspection of the Seneca <br />II-W mine on May 5, 1995. The embankment of the sump at the ditch outlet was breached <br />to prevent water from being impounded. A series of silt fences and hay bales were installed <br />downhill from the sump to treat runoff from the road ditch prior to its leaving the permit <br />area. The sump cited in the TDN no longer impounds water. Since there is no <br />impoundment at the ditch outlet, no violation exists at this time. Therefore, enforcement <br />action would not be appropriate. <br />