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13045 <br />June 26, 1987 <br />r~MORANDUht <br />T0: <br />FROM: <br />SUBJECT: <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />BROOKSTOWERS <br />1020 15TH STREET <br />i DENVER, COLORADO 80202 <br />Robert H. Hagen, Director <br />Albuquerque Field Office <br />Assistant Director <br />Western Field Operations <br />G.E.C. Minerals, Inc. - TDN 87-02-250-001 <br />TAIQ~ ~ <br />PRDE N~ <br />~ ~ <br />44 20 <br />In Reply Refer To: IES <br />RECENED -OSM <br />JUIJ 2 ~ 1997 <br />pEgUQUE{tQUE FIELO OFFICE <br />This is in response to your June 1, 1987 memorandum requesting guidance as to <br />the disposition of the above subject. <br />A review of the information supplied with your request indicates that the <br />State is not taking appropriate actions to cause the problems at the site to <br />be corrected. As stated in the State's TDN response letter the permit for the <br />site was revoked in 1984 but the performance bonds were not forfeited due to <br />the company's willingness to reclaim the area. The State at that time <br />requested that the company submit a reclamation plan and time table. In 1986 <br />the State became dissatisfied with the reclamation progress at the site, <br />however, due to the failure of the company's bonding bank the State permitted <br />the company to modify the reclamation plan and time tables again. A review of <br />the previous reclamation plans found that they all require the maintenance of <br />surface water drainage controls, which is the main issue contained in the TDN. <br />In direct response to the TDN the State contends that they have no clear <br />recourse available since the bonds remaining at the site are inadequate and <br />that the issuance of any violations would be ineffective and would further <br />undermine their efforts to reclaim the site. Since the State has failed to <br />take any apparent action to enforce any of the existing reclamation plans and <br />orders through stronger enforcement or by seeking an injunction to compel <br />compliance, you should reinspect the site. However, before you reinspect you <br />should assure yourself that you have made a reasonable effort to encourage the <br />State to take stronger action. You should also write a letter to the State <br />summarizing why you intend to reinspect, and, if necessary, take enforcement <br />action. <br />