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r,i; ~+ r ~l.li~. Mr. Dan Matthews, Acting Coal Program Supervisor Mined Land Reclamation Division Department of Natural Resources 215 Centennial Building 1313 Sherman Street Denver, CO 80203 Re: Trinidad Basin Mining, Inc. Dear Mr. Matthews: The Albuquerque Field Office (AFO) conducted a random sample inspection (RSI) of the Trinidad Basin Mine on July 20, 1990. The RSI documented the ongoing problem of numerous violations of performance standards. We documented the same violations during the RSI of January 10, 1990. AFO did not take action in the form of a Ten-Day Notice (TDN) at the time of the RSI of January 10, 1990, due to the Mined Land Reclamation Division's (MEAD) response to a TDN issued on March 3, 1989. The MLRD response confirmed the fact that the area in question was in violation, but pointed out that the operator was under court order not to trespass on the landowner's property. In accepting the response to that TDN, AFO recognized the jurisdictional impact on the program and ensuing order by the court not to trespass. AFO further stated that, in this case, it appeared impossible at that time for the operator to abate the violation if a Notice of Violation was issued. At the conclusion of the RSI of January 10, 1990, AFO requested that MLRD advise this office of any alternative enforcement actions that may have been taken, the status of decisions rendered by the Mined Land Reclamation Board, and what actions MLRD intended to pursue regarding the performance standard violations that exist at the mine. MLRD's February 14, 1990, response recounted the Division's efforts to resolve alleged violations at the mine site. The response also indicated that the Division was deciding on a course of action. Options described in the letter included requesting the Board to revoke the suspended permit, forfeit the remaining reclamation bond, and pursue the land use change and release from liability originally agreed to by the landowner. >~ ~ i In Reply Refer To: Augus t 1, 1990 - ~~ F, ~ ` III IIIIIIIIIIIIIIII 999 United States Department of the Interior OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT SUITE 310 625 SILVER AVENUE, S. W. ALBUQUERQUE NEW MEXICO 87102