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999 <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Redamarion and Enforcement <br />Swtt 1200 <br />505 Muquerte Avenue N.W. <br />Albuquerque, New Ma,ico 87102 <br />o s~vn -Tp N <br />aF~;EtvED <br />MAY 3 0 1995 <br />May 25, 1995 <br />CERTIFIED RETURN RECEIPT #P 293 288 894 <br />Ms. Susan McCannon, Program Supervisor Regulatory <br />Division of Minerals and Geology <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />~.:,Ivls~on a, r;uneia~s a lieolOgY <br />Re: Ten-Day Notice 95-020-179-002, N 3, Seneca II West <br />Dear Ms. McCannon: <br />The following is a written finding, in accordance with 30 CFR 842.11, regarding the <br />Division of Minerals and Mining's (DMG) May 8, 1995, response, to the referenced <br />Ten Day Notice (TDN). <br />Violation #1: FAILURE TO DESIGN AND CERTIFY <br />IMPOUNDMENT AT THE OUTLET OF HRD-A5 <br />DMG's response indicates the embankment of the impoundment has been <br />breached and is no longer capable of impounding water. Since the violation no <br />longer exists, there is no need for additional enforcement action. Given the above, <br />the Albuquerque Field Office (AFO) finds the response for this Violation to <br />constitute good cause for not taking action. <br />Violation #2: FAILURE TO CONFINE SURFACE COAL MINING <br />OPERATIONS TO LANDS WITHIN THE PERMIT <br />AREA <br />AFO finds DMG's response for this violation to be appropriate. However, AFO <br />would request that DMG provide the dates by which the permittee will be required <br />to submit a permit revision to correct Exhibit 13-13.2 and the approximate time <br />frame under which DMG will render a decision on the revision. <br />