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:~ T. iii iiiiiiiuiiiiiii __. 999 United States Department of the Interior ~~ OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT -~ i SUITE 9l0 625 SILVER AVENUE, S. W. ~ y-.. ~ ~ ~ ~ ~ ~~Y Refer To: ALBUQUERQUE, NEW MEXICO 87102 t September 26, 199 SEP 2 8 1990 Mined Land Reclamation Division Mr. Dan Matthews, Acting Coal Program Supervisor Mined Land Reclamation Division Department of Natural Resources 215 Centennial Building 1313 Sherman Street Denver. CO 80203 Re: MLRD's Response to Ten-Day Notice (TDN) No. 90-02-244-3, TV-3, Peabody Coal Company, Nucla Mine, Permit C-81-008 Dear Mr. Matthews: In accordance with 30 CFR 842.11, the following is a written finding regarding the Mined Land Reclamation Division's (MLRD) response to the above Ten-Day Notice (TDN): On August 16, 1990, the Albuquerque Field Office (AFO) conducted a random sample oversight inspection of the Peabody Coal Company Nucla Mine. The Office of Surface Mining Reclamation and Enforcement (OSM) inspector was accompanied by an MLRD representative. The inspection resulted in [he issuance of the above TDN dated August 17, 1990. The TDN was sent by certified mail and received by MLRD on August 20, 1990. The MLRD written response is dated August 27, 1990. AFO considers this a timely response to the TDN. In violation 1 of 3, the TDN cites Colorado Rule 2 CCR 4.07-2, Section 4.05.9(5), as the regulation believed to have been violated. The TDN states that the operator failed to protect impoundment sideslopes from surface runoff to minimize erosion for sediment ponds 002, 004, and 005. MLRD's response to the TDN indicates that Notice of Violation (NOV) C-90-036 was issued for the operator's failure to vegetate and stabilize sediment pond embankments and sideslopes. The issuance of the enforcement action is considered appropriate for violation 1 of 3 of the TDN.