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• i ~`~ 1''7` ~ Il lu111111111IIII III DEPARTMENT OF NATURAL RESOURCES i- '"' ' - •-~- •°•----~ D Monce Pascoe. E.ecuh ve D'vecior MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director RAC hartl 0 Lamm Governor July 19, 1983 T0: Brat.it Munson, Fred Banta FROM: M.S. Savage RE: OSM Violatlon B3-2-0-1 to Salt Creek Mining Company's Munger Canyon Mtne (Violatlon No. 2) Pursuant to your request, I have reviewed the OSM violation to Salt Creek Mining Company for "failure to implement those measures provided in approved state mining permit No. C-020-81 in accordance with the timetable included therein as Table 2.2-1.° The justification for this violation is cited by OSM as Rule 5.03.2(2)(a), which states; "When an authorized representative of the Division conducts any inspection and determines that any condition or practice subject to the Act, or any violation of tite Act, these Rules, or any permit or exploration approval exists at a surface coal mining operation but that such condition, practice, or violation does not create an Imminent danger or significant harm or reasonable expectation thereof for which a cessation order must be issued under (1)(a) above, then such authorized representative shall issue a notice of violation to the operator or person conducting surface coal mining operations or coal exploration operations subject to the Act or to the designated agent of either." The OSM violation does not contain any indication, other than the above citation, that any "condition or practice subject to the Act, or any violation of the Act, these rules, or any permit or exploration approval" exists. I cannot find a performance standard citation which states that a violation exists if a mine is behind schedule in their operations. The citation above 15 not sufficient justification alone for the issuance of a notice of violation., /mt Doc. No. 4393 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567