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iii iuiiiiiiiiu iii <br />999 <br />Mr. Steven G. Renner <br />Coal Program Supervisor <br />Division of Minerals and Geology <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Renner: <br />"'"`' ~ 6 191 <br />.~~ z <br />JUN 31984 <br />Cir.`^;or, c; <br />Y <br />Thank you for your letter of February 14, requesting informal review of the <br />Albuquerque Field Office (AFO) Director's determination that your agency did <br />not take appropriate action with respect to ten-day notice (TDN) number <br />93-020-370-005 (Basin Resources, Inc., permit number C-81-013). <br />The TDN is based on a citizen complaint alleging that the permittee failed to <br />prevent or control adverse impacts to ground water systems, resulting in the <br />dewatering of a well owned by the complainant. The complainant maintains <br />that construction of an air shaft near his well caused it to go dry. <br />In your request for review, you assert that the AFO misinterpreted your <br />agency's handling of the citizen's allegation and the investigation that <br />followed. You cite Colorado Rule 5.02.5, which requires your agency to <br />conduct an investigation where the complainant provides sufficient basis <br />that a violation exists. You maintain that your investigation has not been <br />completed nor has a violation been proven, thus the TDN should not have <br />been issued. You state that if the investigation establishes a hydraulic <br />communication between the air shaft and the well production zone, your <br />agency would take appropriate action under Colorado Rule 4.04 (6) to <br />ensure replacement of the water supply. <br />You also note that the well was reported to be "non-functional" during a <br />permit amendment well inventory conducted in 1984 and that your <br />investigation has been hampered by the absence of readily-available well <br />construction information essential to making a cause and effect relationship <br />concerning water loss. Finally, you note that your agency has initiated <br />informal discussions with the mine operator and the landownerlcomplainant <br />with respect to a replacement water supply. <br /> <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Feclamation and Enforcement <br />Washington. D.C. 20240 <br />