ENFORCE21182 - Laserfiche WebLink

Home Browse Search

III IIIIIIIIIIIIIIII cs-n--rp-J Ss~ sss STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanmeni of Natural Resources 1313 Sherman Si., Room 215 Denver, Colorado 80203 Phone: 130 31 866 3567 FAX: (3031 832-A 106 June 9, 1995 Mr. Arthur W. Abbs, Acting Director Office of Surface Mining Albuquerque Field Office 505 Marquette Avenue NW, Suite 1200 Albuquerque, NM 87102 RE: Ten Day Notice 95-020-179-003 Coal Ridge Mine (C-84-065) Dear Mr. Abbs: II~~~ DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lames 5 Lochhead Executive Director Michael 8. Long Division Duecbr The Division of Minerals and Geology (DMG) received Ten Day Notice (TDN) 95-020-179- 003 from the Office of Surface Mining (OSM) on May 26, 1995. This letter serves as DMG's response to the TDN. DMG requested additional time to respond to the TDN because of scheduling problems. DMG appreciates the Albuquerque Field Office's consideration in granting this additional time. The TDN alleges a violation of Colorado Rule 4.142 for failure to regrade all disturbed areas at the Coal Ridge Mine to approximate original contour (AOC), specifically referencing terraces which are part of the reclaimed mine site. The TDN was issued following a joint OSM/DMG Phase I bond release inspection. The TDN was issued after the OSM inspector had been informed that DMG was preparing a written decision to deny Phase I bond release due to a number of concerns with the existing reclamation. Issuance of a TDN citing AOC concerns on a reclaimed site where the operator has followed the approved reclamation plan can lead to inefficient and unnecessary complications for the State, OSM, and the operator, as evidenced by the AOC enforcement actions taken by OSM at the Marr Mine last year. As discussed below, issuance of such a TDN is also contrary to OSM policy. DMG believes the TDN should be withdrawn, and that the consultation required by OSM Directive INE-26 be initiated.