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iiiiiiiiiiiiiiiiiii <br />999 <br />STATE OF COLOI~DO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone: 1303) 866J567 <br />FAX: (303)832-8106 <br />December 6, 1993 <br />Mr. Robert Hagen <br />Albuquerque Field Office <br />Office of Surface Mining <br />505 Marquette Avenue NW, Suite 1200 <br />Albuquerque, New Mexico 87102 <br />Re: Ten-Day Notice X-93-020-116-002 TV 3 <br />Mountain Coal Company (formerly West Ok Coal Co.l, Permit No. C-80-007 <br />Dear Mr. Hagen: <br />OF' COQ <br />,,~ 4 <br />Nei <br />/ "~ <br />~ tel6 ~ <br />Roy Romer <br />Governor <br />Michael B. LOng <br />Division Director <br />On December 2, 1993, the Division of Minerals and Geology (DMG) received the Albuquerque <br />Field Office (AFO), Office of Surface Mining (OSM), findings regarding the DMG response of <br />November 18, 1993 to Ten-Day Notice (TDN) X-93-020-116-002 TV 3. Please note that the <br />certified mail receipt which accompanied the AFO finding incorrectly indicated our receipt date <br />as November 29, 1993. In fact, the AFO finding is dated November 30, 1993, and we <br />received the document on December 2, 1993. <br />Three alleged violations were referenced in the TDN. These involved public notice issues, <br />topsoil management issues, and light use road permitting issues. The AFO has determined that <br />the DMG responses regarding the topsoil and light use road issues are appropriate. The Mined <br />Land Reclamation Board (MLRB) finding regarding the light use road violation has been <br />previously sent under separate cover. <br />The AFO has indicated that the DMG response regarding the public notice issues is not <br />appropriate. We hereby request an informal review, pursuant to 30 CFR 842.11(61(1-(iii)(A), by <br />the Deputy Director of OSM, regarding the facts surrounding this situation. The basis for this <br />request is set forth below. <br />Alleged Public Notice Violation <br />The TDN alleges that Mountain Coal Company (MCC) has failed to comply with the landowner <br />notification requirements of Colorado Rule 4.20.2(1) - (31. At the time of the August 12, 1993 <br />inspection, it was believed that Grand Mesa Properties and the United States Forest Service <br />(USES) had not been properly notified. Notice of Violation (NOV) C-93-112 was subsequently <br />issued. Following the NOV issuance, MCC submitted information which indicated that a viola- <br />tion had not occurred. On October 19, 1993, Michael B. Long, DMG Director, vacated <br />NOV C-93-112. The documents which substantiate the vacation are attached for review <br />(Exhibits A and B), and an explanation follows. <br />Various documents indicate that the notifications required by Rule 4.20.2(1) - (3) had been <br />effectively provided, and that the intent and purpose of this rule have been met. In the case of <br />