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iii iiiiiiiiiiiu iii <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getche0. Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Dlredor <br />Richard D. Lamm <br />Governor <br />September 21, 1984 <br />Mr. Robert Hagen <br />Office of Surface Mining <br />219 Central Avenue NW <br />Albuquerque, NM 87102 <br />Re: Ten Day Notices (TDN) 84-2-244-8 TVl <br />Dear Mr. Hagen: <br />This letter is a response to the above noted Ten Day Notice (TUN) which was <br />received by the Division on September 10, 1984. The following facts were <br />related to Jeff Zingo of your office, by telephone, on September 20, 1984. <br />Ten Day Notice 84-2-244-8TV1 was written for "failure to pay Federal <br />reclamation fees from coal produced by coal mining activities." The state <br />regulation (Rule 2.07.6(2)(0)) merely requires that the Division make a <br />finding, at the time of permit approval, that the applicant has submitted <br />proof that the fees have been paid. The state has no statutory basis for <br />requiring, or ensuring, that the permittee remain current in the payment of <br />the fee. No action is possible in this case. An unsuccessful attempt was <br />made to contact the operator regarding the situation. <br />If you have any further questions, please do not hesitate to contact Fred <br />Banta or me. <br />Sincerely, <br />Brian E. Munson <br />Sr. Reclamation Specialist <br />BEM/j as <br />Doc. 4280 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />