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iii iiniiiiiiiii iii <br />999 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />Fax: 303 832-8106 <br />April 1 , 1991 <br />Mr. Robert Hagen, Director <br />Albuquerque Field Office <br />Office of Surface Mining <br />Reclamation and Enforcement <br />625 Silver Avenue, S. W., Suite 310 <br />Albuquerque, New Mexico 87102 <br />RE: Ten Day Notice X-91-G2-244-6 TV T <br />Dear Mr. Hagen: <br />OF ~Olp <br />ti~ ~ <br />y<%/_ ~$ <br />.~r'J (~.~1 R~. <br />`,t,,`ae`-7~6y, <br />Roy Romer, <br />Govemar <br />Fretl R. Banta, <br />Division Director <br />On March 28, 1991, we received the above referenced Ten-Day Notice, a copy of <br />which is enclosed, <br />I reviewed the notice and have determined that the state can take no action <br />until further information is provided. Specifically, the nature of the <br />alleged violation as cited is sufficiently vague that the violation itself is <br />unclear. If specific data or observations were provided with the notice, <br />state action within the specified time frame could have occurred, <br />In order to allow the state the opportunity to take whatever action is <br />appropriate, we request that any evidence which was collected by OSMRE be made <br />available to the state (INE 35 4. C. (1)(2)). Also, submittal of the inspection <br />report would help clarify the Ten-Day Notice. <br />As provided in INE 35 3.e.(i)(ii), I would propose that the ten day response <br />period be extended until ten days after the receipt of the OSMRE evidence and <br />inspection report. When we have received this information, we will proceed to <br />determine whether a violation does exist. <br />Please contact me if you have questions or comments. <br />Sincerely, <br />~. <br />Steven G. Renner <br />Coal Program Supervisor <br />SGR/yjb <br />Enc] osure(s ) <br />cc: Jim Stevens <br />Fred Banta <br />4554F <br />