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~~. <br />, <br />i~~-•--~ym~ i Ir,~rPr! .~r_,rN~ 1 ,,~, •,.,-r, _..r r, ,.. ;:~~„~o <br /> <br />_ <br />~ <br />~~~ <br />=.A UFF[CE()FSt,RF.-ICE~[t\I\C. ,~~~ <br />A <br />MACH 5 ~a' <br />Redamauon and Enforcemaut <br />~ ~ <br /> SUICe L"OO 19 REPLY REFER TO <br /> 305 Marquette Arenue N.11', <br /> .~Vbuquerque, New \lexico 57104 <br />November 16, 1?9'_ <br />Certified Return Receipt No. P 965 798 936 <br />Mr. Steven G. Renner, Coal Program Supervisor <br />Division of Minerals and Geology ~;Q1~ ~, `~ 199G <br />Department of Natural Resources <br />215 Centennial Building - <br />1313 Sherman Street ~"~=^ <br />Denver, Colorado 80203 <br />Re: Ten-Day Notice (TDN) 92-02-244-2 (TV-1) Colowyo Mine <br />Dear Mr. Renner: <br />The following is a written finding in accordance with 30 CFR 842.11, regarding the <br />Division of Minerais and Geology's (DMG) response to the above-referenced TDN. <br />On September 29, 30, and October 1, 1992, the Albuquerque Field Office (AFO) <br />conducted a random sample inspection of the Colowyo Mine. The AFO inspector <br />was accompanied by a DMG inspector and his supervisor. The TDN was sent <br />certified mail on October 9, 1992, and received by DMG October 13, 1992, <br />thereby, setting the response due date of October 22, 1992. An oral response was <br />received via telephone from your office by AFO on October 22, 1992. A telefaxed <br />copy of the written response was also received on the same date. AFO will, <br />therefore, consider this a timely response. <br />Violation 1 of 2 of the TDN cites the Code of Colorado Regulations (CCR) 2 CCR <br />4.07-2 Rule 4.06.1 as the regulation believed to have been violated. The TDN <br />states that the operator failed to remove topsoil and/or an approved topsoil <br />substitute from areas before disturbing the area affected by surface coal mining <br />operations for the affected area diversion ditch constructed in Sections 15 and 16. <br />DMG's response indicates that the operator has mine plan approval for a variance <br />from the requirement to save topsoil where removal would result in needless <br />disturbance to adjoining soils and vegetation when sediment control ditches and <br />small water diversions are constructed. This finding for a topsoil removal variance <br />was made by the DMG and approved, as such, in the operator's mine plan based <br />