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:. iii iiiiiiiiiiiiiiii STATE OF CC~LV 9~~v MINED LAND RECLAMATION DIVISION of ~o~ Department of Natural Resources ~ q~$ 1313 Sherman 51., Room 215 Denver, CO 80203 ' ~C~ ' 303 8663567 r • ra76 • ` Fn x: 303 832-8106 Roy Romer, Governor Fred R. Banta, Division Drrector October 16, 1991 Mr. Robert Hagen, Director Albuquerque Field Office Office of Surface Mining Reclamation and Enforcement 625 Silver Avenue, S.W., Suite 310 Albuquerque, NM 87102 RE: Ten Day Notice 91 352-001 TV1, Roadside/Cameo Mine (C-81-041) Dear Mr. Hagen: On October 11, 1991, we received notice from OSMRE, Albuquerque Field Office, that our response to the referenced Ten Day Notice was determined arbitrary and capricious, and thus inappropriate. Pursuant to 30 CFR 842.11(b)(1)(iii)(A), the Colorado Mined Land Reclamation Division requests an informal review of the AFO determination by the Deputy Director, Operations and Technical Services. The basis for our request is outlined below. On January 3, 1983, MLRD approved a mining permit application package from Powderhorn Coal Company. The reclamation plan in that PAP includes a timetable for reclamation of seven separate areas within the permit area. One of those areas was cited in the referenced TDN. Reclamation of the site must be accomplished in accordance with the time frames in Figure 2.05.4(A) of the approved permit (enclosed). MLRD interprets this figure to indicate that specific reclamation tasks will be accomplished within discreet units of time after mine closure. Accordingly, MLRD has not required the operator to complete backfilling and grading yet. Reclamation operations in the area in question commenced shortly after the portal was abandoned (May, 1990) and have continued since that time, despite staff reductions at the mine. By MLRD's interpretation of the approved plan, the operator is in compliance with the permit.