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. ~ ,_ • <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natural Resources <br />1313 Sherman Si.. Room 215 <br />Denver, Colorario 8020] <br />Phone: 130D ebb-3567 <br />FA%~ p031 8J2-8106 <br />December 8, 1995 <br /> <br />STATE OF COLORADO <br />MEMO <br />II~~ <br />DEPARTMEN'T' OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Execuuve Dnedor <br />TO: David Berry Michael B. Long <br />FROM: Tony Waldron -~ lx ~ Division Dheclor <br />RE: Sanborn Creek Mine; File No. C-81-022; Ten Day Notice X-94-2- <br />370-02-TV-O1 <br />Per your request, T have reviewed information which outlines the <br />various actions that have occurred with respect to Ten Day Notice <br />X-94-2-370-02-TV-O1 which was issued to the Division on September <br />29, 1994. The TDN issuance was the result of an oversight <br />inspection which was conducted on May 11, 1994 and the TDN was <br />issued for failure to reclaim a mine site to approximate original <br />contour and failure to properly address the requirements for <br />variance from approximate original contour. Following is a <br />synopsis of what actions occurred as a result of the inspection and <br />subsequent TDN, specifically, with respect to revisions to the <br />permit. <br />Minor revision 25 was approved on July 7, 1994 and included a <br />letter from BLM stating the approved reclamation plan, including <br />not returning the sites to AOC, was acceptable to them. Pages <br />2.06-5 and 2.06-5i of the permit application were amended to <br />incorporate these changes. <br />In the OSM inspection report of July 18, 1994, OSM indicated that <br />they would not be issuing a TDN at that time because actual <br />backfilling and grading work had not yet occurred. At this point <br />it seemed clear that OSM was not satisfied with B1,M's letter and <br />still felt the AOC variance was inappropriate. The operator was <br />scheduled to begin reclamation work at both Hubbard Creek and Bear <br />Canyon during 1994. However, under threat of enforcement action if <br />backfilling and grading commenced prior to satisfactory resolution <br />of the AOC issue, the operator proposed delaying the reclamation <br />work until 1995 under the assumption the AOC issue would be <br />resolved. <br />Therefore, minor revision 29 was approved which extended the <br />competition date for the reclamation of both Hubbard Creek and Bear <br />Canyon until 1995. Pages 2.05-29, 30, 32, 33, 35, 36 and 37 were <br />revised to resequence the reclamation work and clarify what <br />reclamation activities outside of backfilling and grading would be <br />