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~- ~- <br />1 <br />iii iiiiiiiuiiuiii <br />999 ~ <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT ~ i <br />SUITE 310 <br />625 SILVER AVENUE, S.W. <br />ALBUQUERQUE, NEW MEXICO 87102 In Reply Rrfei To: <br />October 10, 1991 <br />RECEIVE <br />Mr. Steven G. Renner, Coal Program Supervisor <br />Mined Land Reclamation Division OCT 1 5 1991 <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street Mined Land <br />Denver, co Bo2D3 Reclamation Division <br />r <br />Re: Ten-Day Notice (T~l~ No. 91-02-116-5 (TV3), Fruita No. 1 and <br />No. 2 Mines, American Shield Coal Company <br />Dear Mr. Renner: <br />On September 24, 1991, the Mined Land Reclamation Division (MLRD) issued <br />Notice of Violation (NOV) No. C-90-024 to the American Shield Coal Co. for <br />"Failure to reclaim all areas disturbed by mining to approximate original <br />contour and to backfill so as to eliminate all highwalls." MLRD's issuance <br />of this NOV stays the immediate need for the Albuquerque Field Office (AFO) <br />to conduct a Federal follow-up inspection of this minesite as directed by <br />W. Hord Tipton, Deputy Director, Operations and Technical Services, in a <br />letter to MLRD dated August 16, 1991. Mr. Tipton's letter affirmed AFO's <br />inappropriate finding to MLRD's response regarding Violation No. 1 of the <br />above-referenced TDN. AFO will continue to monitor both the permittee's <br />and MLRD,s actions regarding the final disposition of the NOV. <br />Regarding MLRD's NOV, AFO recommends that MLRD review the required remedial <br />actions. Under the second remedial option afforded the permittee, MLRD has <br />cited Rule 6.27. AFO believes this to be a misprint in that a Rule 6.27 <br />does not exist under Colorado's approved program. Colorado Rule 4.27 would <br />be the appropriate cite regarding the need to eliminate all highwalls on <br />this minesite. <br />By letter dated August 29, 1991, AFO rendered an inappropriate finding <br />regarding MLRD's response to violation 2 of 3 of Ten-Day Notice (TDN) No, <br />91-02-116-5. This issue involves the inappropriate release of bond monies <br />through the bond adjustment process for reclamation work accomplished. On <br />September 10, 1991, you informed Stephen Rathbun, AFO Inspection and <br />Enforcement Branch Chief, that MLRD would not request an informal review on <br />the inappropriate finding. In addition, you indicated that because the <br />Fruita Mines are under an initial program permit you could not require, at <br />this time, reinstatement of the bond monies that had been inappropriately <br />released. You did indicate, however, that MLRD would be requiring the <br />operator to submit a permanent program permit application for reclamation- <br />