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~. iii iiiiiiiiniii iii United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement $ui¢ 1200 505 Maryueae Avenue N.W. Albuquerque, New Alexico 87102 4FCEIUEC September 29, 1994 OCT 031$ CERTIFIED RETURN RECEIPT #P 079 749 435 ~7ivisio~ of Minerals r;Geology Mr. Tony Waldren Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: Somerset Mining, C-81-022, Approximate Original Contour (AOC) Dear Mr. Waldren: First of all, I would like to apologize for taking so long to get back to you regarding this matter. Shortly after our telephone conversation, I got involved in a citizen's complaint issue and you know the priority they have. I am glad you agree that the Ten-Day Notice (TDN) route is the quickest way to expedite the AOC issue at the Bear Creek portal location. As we discussed, the Colorado Division of Minerals and Geology (DMG) would rather address the issue at this point, before reclamation is deemed completed by the company and DMG. I agree with you on this point. To wait until after reclamation before addressing the issue would leave the operator in limbo and could substantially increase the cost of reclamation. You wanted me to send a letter stating the reclamation operations that may proceed at this point. As I understand our conversation, the company is reluctant to initiate reclamation operations at this time. The Albuquerque Field Office (AFO) does not have a problem with the operator starting reclamation. There are a number of things that must be done to the site prior to actual backfilling. The operator could use this time to remove the power fines and poles from the area, remove the electrical substation and pad material, remove the concrete foundations, etc. If any of the above material is to be used in the backfill, AFO does not have a problem with this material being pushed in against the highwall. The operator could actually start the backfilling operations also, as long as everyone understands that backfilling to the extent described in the permit may not be all that is required. The extent of backfilling is the issue that the enclosed TDN will address.