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:_ s99 United States Department of the Interior OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT SUITE 310 625 SILVER AVENUE, S.W. ALBUQUERQUE, NEW MEXICO 87102 April 10, 1991 CERTIFIED MAIL - RETURN RECEIPT REQUESTED P 965 799 374 Mr. Steven G. Renner, Coal Program Supervisor Mined Land Reclamation Division Department of Natural Resources 215 Centennial Building 1313 Sherman Street Denver, CO 80203 Re: Grassy Gap Mine, Ten-Day Notice 91-2-116-4 Dear Mr. Renner: TAI~® ~ A ~G~ In Reply Rr(ri 1n: APR 1 % Iggl Mi~~ Reclamation pnV sion In accordance with 30 CFR 842,11, the following is a written finding regarding the Mined Land Reclamation Division's (MEAD) response to the above Ten-Day Notice (TDN): The Albuquerque Field Office (AFO) received MLRD's initial response to the above-noted TDN via telephone on April 4, 1991, followed by MLRD's written response received on April 5, 1991. AFO considers this a timely response to the TDN. MLRD requests clarification regarding the regulatory citation used in the TDN issuance. The Office of Surface Mining Reclamation and Enforcement's (OSM) definition of Ten-Day Notice, found in OSM Directive INE-35 dated October 19, 1990, reads as follows: "3. DEFINITIONS., a. Ten-day Notice., Standard Form IE-160 (3/$1) used in accordance with 30 CFR 842.11 and 843.12(a)(2) to notify a State regulatory authority that an authorized representative of the Secretary has reason to believe that a person is in violation of any requirement of the Act, the State program, or any permit condition imposed under that program, where the information was not furnished by a citizen and the violation is not the result of a permit defect." AFO believes the permittee, Rockcastle Cual Company, has failed to maintain the required bond amount in compliance with the bond release provisions found at Rule 3.03.1(2)(a). Information concerning this noncompliance was not provided to AFO by a citizen, and the violation is not the result of a permit defect; therefore, AFO believes the TDN to be appropriate for both the noncompliance situation and the Rule cited.