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f.11NED LAND R~~LA~lATION DIVISION Leoar.m~m N rraicr~' nrsource; 1313 Cnerma^ S' Foorr, 11S ~enre~. CO BJ2C3 3C3 666~35c% Fax 303 &3_'~C10f~ February 8, 1990 Mr. Robert Hagen, Director Albuaueraue Field Office Office of Surface Mining Reclamation and Enforcement 625 Silver Avenue, SW, Suite 310 Albuaueraue, NM 87102 RE: TDN X-90-02-107-2-TY1, CCMC No. 1 Mine (C-81-024) Dear Mr. Hagen: r. «~,~ .:n: 'ra ~.. bnr Nrvnr - __ i.o,+mc' FieQN banle L.nvon L ~euo~ This letter will serve as the Division's response to the above-referenced Ten Day Notice issued January 29, 1990 and received by this office Februarv 1, 1990 The notice cites a violation of Rules 4.05.3(5) and 4.05.6(3) for failure to demonstrate that a diversion ditch is no longer needed before it is removed and/or failure to desion, construct and maintain a sediment pond to provide storaoe for runoff from a 10-year, 24-hour precipitation event. In accord with OSM Directive IN_-27, part 1(b), the Division has not taken enforcement action because this situation is the result of a permit defect. The Division has notified the operator in writing that a permit revision is necessary prior to March 12, 1990 to address this issue in accordance with part 3(b)(1)(c). P, copy of the letter is enclosed. The permit defect resulted from the Division's inadvertent approval of backfilling the diversion ditch as Dart of the revised reclamation plan fTR-D9) in January, 1989. By reclaiming the diversion, the operator was complying with the approved revised permit. Since the sediment pond is not adeouately sized to treat runoff from both the reclaimed area and the undisturbed upland watershed, the Division is reouirinp that: (1) a diversion ditch be installed to intercept runoff from the undisturbed upland area or, (2) the sediment pond be enlarged. The sediment pond as built, has the capacity to store runoff from the reclaimed area resulting from a 10-year, 24-hour precipitation event. STATE OF C0L0RgD0