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~" <br />n <br />u <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1373 Sherman St., Room 275 <br />Denver, CO 80203 <br />303 866-3567 <br />Fnx: 303 832-8106 <br />of ~O/o <br />ti~~ 9~ <br />Ne S- <br />y ~Q~a <br />y i <br />~ /B76 ~ <br />Roy Romer, <br />Gavemor <br />Freo R. Banta. <br />Division Director <br />August 24, 1990 <br />Mr. W. Hord Tipton III <br />Deputy Director, Operations and Technical Services <br />United States Department of the Interior <br />Office of Surface Mining <br />Reclamation and Enforcement <br />1951 Constitution Avenue, NW <br />Washington, D.C. 20240 <br />RE: Request for Informal Review of Albuquerque Field Office Ten Day Notice <br />90-02-351-1-TY5 Response by Colorado Mined Land Reclamation Division <br />(Division) <br />Dear h1r. Tipton: <br />The Division disagrees with the inappropriate response determination_ by the <br />Albuquerque Field Office for the Division's response to TDN 90-02-351-1-TV5 <br />parts {alleged violations) 1 and 4 and requests an informal review in <br />accordance with 30 CFR 842.11 (b )(1)(tii) and OSMRE Directive INE-35. <br />In part 1 (violation 1) of the TDN, AFO alleged that the operator failed to <br />place non-coal waste in a controlled manner in a designated site. <br />When Division inspectors conducted the citizen's complaint inspection for <br />which-the TDN-was-issued, several lengths of construction lumber, two 4 X 8' <br />sheets of plywood, some fiberglass insulation which had been ripped loose from <br />a water tank by the elements, and an unattached section of Mirafi filler <br />fabric were noted. <br />The Division's contention is that these items were not non-coal waste in a <br />common sense or regulatory definition of the term, therefore no enforcement <br />action was taken. Due to the concerns generated by the citizens and AFO, the <br />operator cleaned up or removed the articles in question, as noted to AFO by <br />the Division in our response. This was verified by a Division inspection <br />conducted 8/21/90. During this inspection, an additional sheet of plywood and <br />some additional loose insulation were observed. The operator was again <br />notified and committed to cleaning up the materials. This will be verified by <br />another Division inspection on August 27 or 28, 1990. <br />In any event, the Division does not believe that AFO has shown that the <br />Division's response "is inconsistent with the definitions of appropriate <br />action and good cause and that the regulatory authority's response is <br />arbitrary, capricious, o`r an abuse.of discretion under the State program. <br />(INE-35) <br />STAT'~OF (III ~~~~~~~~~~~~~ ~~~~ <br />