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<br />Mr. Kevin Martinez - 2 - November 20, 1990 <br />On November 2, 1990, the Division received three copies of what appears to be <br />a new permit application package for Blue Flame Coal Mine. Unfortunately, the <br />"permit" is a bit premature and approximately 30-40% of the information is <br />either redundant or not related to the permit. Granted, a lot of effort and <br />information is in the new permit, however, the information requested in the <br />midterm review was to be in the form of a technical revision. This has been <br />stated and reiterated in the Division's letters to you on January 16, <br />April l6, June 6, August 1, and September 25, 1990. The reason this <br />information is to be submitted in the form of a technical revision is so that <br />the Division's staff can evaluate the information, compare it to what is <br />currently on record, make comments for any additional information required, <br />give the public a chance to comment and then, finally, if all requirements are <br />satisfied approve it for inclusion into the permit. Again, unfortunately, <br />your new permit is bypassing most of the technical revision process which <br />leaves the Division no choice but to once again request that you submit the <br />required information and changes in the form of a technical revision in order <br />that it can be processed in accordance with our governing rules and <br />regulations. If much or all of the required information is already in the <br />copies of the new permit application package, that information mist be <br />identified by you and dated so that its relationship to the technical revision <br />is clear. <br />A final matter that the Division is still concerned about is your failure to <br />respond to the abatement of Notice of Violation C-90-040. You were present on <br />September 12, 1990 when informed about the issuance of the violation and the <br />specifics to abate the violation by October 1, 1990. To date the Division has <br />conducted two inspections since October 1, 1990 and still the records are not <br />available in Durango for public inspection. The Coal Staff has recommended to <br />Fred Banta that he proceed with a Failure to Abate Cessation Order in regard <br />to this NOV which if he approves, will seriously jeopardize your standings <br />concerning the Show Cause Order that is temporarily held in abeyance as well <br />as result in another substantial civil penalty. The Division strongly <br />recommends that you attend to this and the preceding issues in an expeditious <br />manner utilizing the correct procedures in accordance with the governing Act, <br />Laws and Regulations. <br />Sincerely, <br />~~~~ <br />Harry B. Ranney <br />Reclamation Specialist <br />HBR/ern <br />cc: Ross Swimmer <br />Jack Lewis <br />James Stevens, MLRD <br />1526E <br />