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• <br />Issue 3. The Division confirms that <br />markers on the site, and adds that the <br />description of the markers to be used. <br />C-90-032 has been issued to New Castle <br />Rules 4.02.3 and 4.02.4. Abatement st <br />the permit application within 15 days <br />markers within 30 days. <br /> <br />there are no disturbed-area perimeter <br />approved permit application lacks a <br />Accordingly, Notice of Violation <br />Energy Corporation for violation of <br />eps are to describe perimeter markers in <br />of issuance, and to place the described <br />Issue 4. This Ten-Day Notice alleges a violation of 4,15.2(2), and cites <br />"Failure to prevent establishment of noxious weeds". This Rule refers to <br />establishment of a reclamation seed mix and not to voluntary establishment of <br />noxious weeds. The Coal Program's Noxious Weed Guidelines, which were <br />reviewed by OSM prior to approval by the Colorado Mined Land Reclamation <br />Board, state that the Division may take an enforcement action if 1) the <br />operator violates an approved weed management plan, or 2) in the absence of <br />such a plan an infestation of which the operator has been informed worsens due <br />to lack of operator efforts to control it. The operator now has been informed <br />of a Bindweed and Knapweed infestation identified during this inspection, and <br />stated his intention to submit a management plan. Clearly there is no <br />violation of the Rule cited, therefore at this time the Division is declining <br />to take an enforcement action. <br />Issue 5. This is an alleged violation of Rule 4.15.5(2), which prohibits <br />grazing on reclaimed lands for a period of one year atter seeding. The Rule <br />cited is not relevant to grazing on the Coal Ridge site, which is not yet <br />reclaimed. Interim reclamation of the site took place well over one year ago <br />(4 to 5 years ago), and vegetation is generally in very good condition. No <br />erosion or damage to the area can be attributed to the grazing that has taken <br />place. At this time the Division is declining to take an enforcement action. <br />If the Division can provide additional assistance please contact me or Bill <br />Crick. <br />Sincerely, <br />~~~~~ <br />Michael S. Savage <br />Senior Reclamation Specialist <br />MSS/ern <br />cc: Dan Mathews, MLRD <br />Bill Crick, MLRD <br />9159E <br />