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<br />_ _ i~~ ii lulu <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone:13031866-3567 <br />FAX: (3071 BJ2-8106 <br />November 30, 1992 <br />Mr. Robert Hagen <br />Office of Surface Mining <br />Albuquerque Field Office <br />505 Marquette NW Suite 1200 <br />Albuquerq~ue~, NM 87102 <br />Re: TDN ~C-92-02-0244-2 TV-2 Colowyo Coal (C-81-019) <br />Dear Mr. Hagen: <br />/OF ClJ~ni <br />c., <br />~: ~'c~,II <br />,~',° , <br />~,.ti ~~~1 <br />~~~F <br />,8 ]b <br />Nn~, Ruou~r <br />hw'a.m~ F La nc <br />Umisinn UireUnr <br />The Division of Minerals and Geology (DMG) has received and reviewed <br />the Albuquerque Field Office (AFO) November 16, 1992 determination <br />regarding our October 19, 1992 response to the above referenced <br />Ten-Day Notice (TDN), violation 1 of 2. In its response, the AFO <br />determined that the Colorado response was arbitrary and capricious, <br />and therefore inappropriate. As provided for in 30 CFR <br />842.11(b)(1)(iii), the Colorado Division of Minerals and Geology <br />requests an. informal review of the AFO determination by the Deputy <br />Director, Operations and Technical Services. The basis for our appeal <br />is as follows. <br />Specifically, Rule 4.06.2 states: <br />The TDN alleges that Colorado Rule 4.06.1, removal of topsoil prior to <br />disturbance, has been violated by the operator. The mine area cited <br />in the TDN is a perimeter diversion ditch at the Colowyo Coal Mine <br />located in Moffat County, Colorado. <br />Rule 4.06.1 states that topsoil and subsoil to be saved in accordance <br />with Rule 4.06.2 shall be removed and segregated from other materials. <br />Rule 4.06.2 allows the Division of Minerals and Geology to allow <br />variances from the requirements of Rule 4.06.1 for good cause shown. <br />"a variance from topsoil removal may be granted by the Division for <br />good cause shown. Areas which may qualify for a variance are: <br />(i) areas where light traffic does not destroy existing <br />vegetation or cause erosion; or <br />(ii) areas where removal would result in needless damage to soil <br />characteristics; or <br />(iii) areas of construction of small structures such as power <br />poles, signs or fence lines" (Emphasis added). <br />