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Ms. Susan McCannon 2 <br />Violation #3: HAULROAD CERTIFICATIONS DO NOT <br />ACCURATELY REFLECT THE ACTUAL <br />CONSTRUCTION OF THE HAULROAD AND <br />RELATED DRAINAGE SYSTEM <br />DMG agrees that the permittee has failed to recertify the haulroads after major <br />reconstruction. DMG cites a phrase that is allegedly found in Rule 4.03.1(d) "if <br />required by the Division for good cause shown," as justification for not issuing <br />enforcement action for the company's failure to recertify the haulroads. DMG <br />submitted Formal Amendments on June 30, 1993, and November 3, 1993, <br />(CO-552 and CO-587 respectively) removing the phrase "if required by the Division <br />for good cause shown" from their program. Those amendments were approved by <br />OSM in the June 1, 1994, Federal Re islet (59 FR 28248, CO-624); see finding #1. <br />Major reconstruction has occurred on Haulroad "A" near Pond #6 and on the Mine <br />Entrance Haulroad at location of culvert F3 along with changes to the approved <br />designs to control erosion and disturbance to the hydrologic balance of both roads. <br />These actions require the permittee to recertify the haulroads. Since DMG bases <br />its justification for not issuing enforcement action on phraseology that has been <br />removed from Colorado's approved program, AFO finds the response to Violation <br />#3 to be inappropriate. <br />If you disagree with the above finding, you may request an informal review in <br />accordance with 30 CFR 842.11(b)(1)(iii)(A). The request may be filed at this <br />office or with the Regional Director, Office of Surface Mining Reclamation and <br />Enforcement, Western Region Coordinating Center, 1999 Broadway, Suite 3320, <br />Denver, Colorado 80202-5733. <br />Your request must be received within 5 days of receipt of this letter. A Federal <br />inspection may be conducted after the 5-day appeal time has elapsed unless a <br />formal review is requested. <br />Sincerely, <br />Arthur W. Abbs, Acting Director <br />Albuquerque Field Office <br />