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,,: _. <br /> <br />~~~ e COPY <br />Mr. Steven G. Renner <br />3 <br />MLRD's response to TDN 91-2-116-4, Violations 2 and 3 of 3, identifies <br />the violations as permit provisions. The response states, "However, <br />given that there is no longer a permit, we are unable to enforce permit <br />provisions." and "However, since the site did not have a permit, was <br />under alternative enforcement by Board Order, and was in bond forfeiture <br />proceedings, we elected not to take enforcement action, deeming it to be <br />non-productive." Violation Nos. 2 and 3, Failure to examine sediment <br />ponds, and Failure to monitor surface and ground water, respectively, <br />are performance standards found under Colorado Rule 4. AFO understands <br />that an expired permit ends the permittee's right to mine; however, it <br />remains MLRD's responsibility in accordance with its approved regulatory <br />program to enforce all applicable permit provisions and performance <br />standards. <br />Minor revision No. 7, dated December 4, 1989, establishes a sediment <br />pond inspection schedule and reads, "* * * beginning 1990 calendar <br />year." Minor revision No. 6, dated September 11, 1987, revises the <br />requirements for the surface and ground water monitoring plan. There is <br />no correspondence in the record approving discontinuance of the <br />permittee's approved surface and ground water monitoring plan, or <br />sediment pond inspections. <br />As noted above, AFO does not recognize the Agreement as an alternative <br />enforcement action. Furthermore, AFO does not recognize the Agreement <br />as initiating a bond forfeiture proceeding as defined by Colorado's <br />approved regulatory program. AFO finds MLRD's response to <br />TDN 91-2-116-4, Violations 2 and 3 of 3 to be arbitrary and capricious <br />and, therefore, inappropriate. <br />If you disagree with these findings, you may request an informal review <br />in accordance with 30 CFR 842.11(B)(1)(iii)(A). <br />Sincerely, <br />Original Signed By <br />ROBERT H. HAGEN <br />Robert H. Hagen, Director <br />Albuquerque Field Office <br />Enclosures <br />INITIALS: DATE <br />Originator: <br />Supervisor: <br />Deputy FOD: ~~ <br />FILE CODE: TDN File: (CO) <br />Grassy Gap; 91-2-116-4 <br />HPA/GRASSY.2 yl <br />April 9, 1991 <br />revis. pmc 4J9/91 <br />