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DIVISION OF MINERALS AND GEOLOGY Deparimeni of Nawral Resources 1313 Sherman Si ,Room 215 Denver, Colorario 80203 Phone: (3031 866-3567 FAX: 13031 B]?-8106 June 9, 1995 Mr. Arthur W. Abbs, Acting Director Office of Surface Mining Albuquerque Field Office 505 Marquette Avenue NW, Suite 1200 Albuquerque, NM 87102 RE: Ten Day Notice 95-020-179-003 Coal Ridge Mine (C-$4-065) Dear Mr. Abbs: III IIIIIIIIIIIII III STATE OF COLURf~DO ~~ DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lames 5. Lochhead Erttuove Director Michael B. Long Division Director The Division of Minerals and Geology (DMG) received Ten Day Notice (TDN) 95-020-179- 003 from the Office of Surface Mining (OSM) on May 26, 1995. This letter serves as DMG's response to the TDN. DMG requested additional time to respond to the TDN because of scheduling problems. DMG appreciates the Albuquerque Field Office's consideration in granting this additional time. The TDN alleges a violation of Colorado Rule 4.14.2 for failure to regrade all disturbed areas at the Coal Ridge Mine to approximate original contour (AOC), specifically referencing terraces which are part of the reclaimed mine site. The TDN was issued following a joint OSM/DMG Phase I bond release inspection. The TDN was issued after the OSM inspector had been informed that DMG was preparing a written decision to deny Phase I bond release due to a number of concerns with the existing reclamation. Issuance of a TDN citing AOC concerns on a reclaimed site where the operator has followed the approved reclamation plan can lead to inefficient and unnecessary complications for the State, OSM, and the operator, as evidenced by the AOC enforcement actions taken by OSM at the Marr Mine last year. As discussed below, issuance of such a TDN is also contrary to OSM policy. DMG believes the TDN should be withdrawn, and that the consultation required by 05M Directive INE-26 be initiated.