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<br />- • • iii iiiiiiiiiiiu iii <br />999 •~ve <br />PtMENT OC T~F UV1L- ~ <br />P <br />~~ ~`^~ United States Department of the Interior aiiE <br />N <br />J D <br />OFFICE OF SURFACE MINING .~ ~ <br />_q ~ ~ <br />M,RCN ] ~a~ Reclamation and Enforcement <br />IN REPLV RF3ER l0' <br />Suite 1200 <br />505 Marquette Avenue N.W. <br />Albuquerque, New Mexico 87102 <br />August 6, 1993 <br />4r=;~ , .. <br />Mr. Michael B. Long, Director <br />Division of Minerals and Geology AUG 9 1993 <br />Department of Natural Resources urv,,,~„ <br />.,.,, , <br />215 Centennial Building "'~ "'" <br />1313 Sherman Street ~" "~' <br />Denver, Colorado 80203 <br />Dear Mr. Long: <br />We have reviewed the Citizens Coal Council request of May 28, 1993, that the <br />Office of Surface Mining Reclamation and Enforcement (OSM) take steps to revoke <br />Colorado settlement agreements, including those agreements addressing highwall <br />retention at the Apex and Fruita Mines and to achieve compliance at these and <br />other mines. Pursuant to that request, the Albuquerque Field Office (AFO) sought <br />a legal review of the Apex and Fruita settlement agreements. The legal review <br />concluded that the settlement agreements contravene the current approved State <br />program. This finding is consistent with my letter to you of March 10, 1993, <br />wherein I stated: "OSM believes these kinds of agreements and approvals are not <br />consistent with the Colorado approved program. ' ' ' OSM believes that it is <br />imperative that Colorado ceases this practice and commits to revise those already <br />approved agreements to conform with its existing program." Because no action <br />has been taken to modify those agreements, I am reouestinq that Colorado <br />immediately revoke the Apex and Fruita settlement agreements. <br />In July of 1991, the AFO issued aTen-Day Notice (TDN) to the Division of <br />Minerals and Geology (DMG) regarding the failure to return the disturbed areas at <br />the Fruita Mine to their approximate original contour (AOC). DMG's response to <br />that TDN was found to be inappropriate and, subsequent to an informal review, <br />upheld by OSM's Deputy Director. Prior to AFO conducting the required Federal <br />follow-up inspection, DMG, on September 24, 1991, issued a Notice of Violation <br />(NOV) requiring the company to restore the disturbed areas to their approximate <br />original contour. All remedial measures were to be accomplished no later than <br />December 24, 1991. DMG's issuance of the NOV temporarily stayed the need to <br />conduct the Federal follow-up inspection. <br />