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<br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Suite 1200 <br />505 Marquette Avenue N.W. <br />Albuquerque, New Mexico 87102 <br />NOV 3 0 1ev~ <br />CERTIFIED RETURN RECEIPT: #P-293-288-809 <br />Mr. Steven G. Renner, Coal Program Supervisor <br />Division of Minerals and Geology <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Dear Mr. Renner: <br />~II II~II~II~II~~ ~I~ <br />IN REPLY RP.FFR TO: <br />~F~~-~, <br />SEC 0 2 1993 <br />e,:,;~: <br />..., <br />Re: Review of Response to Ten-Day Notice #93-020-116-002 TV3; <br />Mountain Coal Company, West Elk Mine <br />In accordance with 30 CFR 842.11, the following is a written finding regarding the <br />Division of Minerals and Geology's (DMG) response to the above Ten-Day Notice <br />(TDN): <br />The Albuquerque Field Office (AFO) received the DMG response to the above <br />TDN on November 22, 1993, and AFO considers this a timely response to the <br />TDN. <br />AFO now addresses DMG's responses to violations 1, 2 & 3 of 3 contained within <br />the above TDN: <br />Violation 1 of 3, Public Notice <br />DMG's response indicates that initial notification was provided to Grand Mesa <br />Properties via a December 13, 1984, letter. This letter was provided from the <br />approved permit application package during the inspection and both the permittee <br />and the approved permit indicated this letter satisfied the public notice <br />requirements of Colorado Rule 4.20.2(1)-(3). The letter indicated the permittee <br />would be mining under Grand Mesa's surface"...beginning on or about February 1, <br />1985." This letter did not satisfy the requirement at Colorado Rule 4.20.2 to <br />provide public notice of undermining at least six months prior to mining beneath <br />surface property owners. The letter also did not address the requirements found at <br />Colorado Rule 4.20.2(1)-(3) including: (1) Identification of specific areas in which <br />