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R <br />~_ <br />III IIIIIIIIIIIII III <br />TAIL <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING ~ <br />RECLAMATION AND ENFORCEMENT ~ ~ <br />SUITE 310 <br />625 SILVER AVENUE, S.W. 1^ Rrpl~~ Rdei "1'0: <br />ALBUQUERQUE, NEW MEXICO 87102 <br />May 16, 1991 <br />CERTIFIED MAIL - RETURN RECEIPT REQUESTED (~~~~8„ ^~ <br />P 965 799 188 ~('d „1~// <br />MAY 2 0 1991 <br />Mr. Steven G. Renner Coal Program Supervisor <br />Mined Land Reclamation Division Mined Land <br />Department of Natural Resources Reclamation Division <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />Re: Ten-Day Notice (TDN) No. 91-02-116-04, Grassy Gap No. 1 Mine, <br />Rockcastle Company <br />Dear Mr. Renner: <br />The following is the final written finding, in accordance with 30 CFR <br />842.11, regarding the Mined Land Reclamation Division's (MLRD) amended <br />response to the above-referenced TDN. The Albuquerque Field Office's <br />(AFO) previous correspondence, dated April 10 and May 1, 1991, regarding <br />this TDN are enclosed for your reference. <br />MLRD's April 29, 1991, amended response to the TDN is not substantially <br />different from its April 2, 1991, response. MLRD still contends that <br />the "Compliance Agreement" of July 1990, between Rockcastle Company and <br />MLRD, constitutes an alternative enforcement action and that no further <br />action is required by MLRD. <br />AFO's findings regarding MLRD's position in this matter have been <br />outlined to MLRD in the correspondence noted above and will not be fully <br />reiterated in this letter. A few items, however, need further <br />discussion. MLRD did not issue a Failure-to-Abate Cessation Order <br />(FTACO), in this case, when the company did not comply with the Notice <br />of Violation. The Grassy Gap Mine permit was not revoked by the Board; <br />it simply expired and was not renewed by the company. Rule 3.04.1(2) <br />allows the Board to enter into a compliance schedule to correct <br />violations of the permit or bond conditions in lieu of bond forfeiture, <br />not permit revocation as stated by MLRD in its response. Finally, <br />"alternative enforcement" means any or all of the following actions <br />taken after a violator fails to abate a FTACO: (1) criminal penalties; <br />(2) assessment of an individual civil penalty; (3) injunctive relief; or <br />