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It is possible that the structures at the New Elk Mine may be considered <br />impoundments, and we request that the procedures developed in INE-35 be <br />applied in this situation. We believe that the procedures outlined in INE-35 <br />dictate that a new TDL should be issued, which formally presents the new <br />emphasis. Issuance of federal enforcement actions, based upon the impoundment <br />performance standards contained at our Rule 4.05.9 may be premature, and seems <br />to represent a breech of the rights and procedures afforded by INE-35. <br />We request that a specific response to our letter of June 12, 1991 be <br />provided. We also request that if the OSM has changed its position, and <br />determined that the structures at the New Elk Mine can be defined as <br />impoundments rather than sediment pounds, as previously cited, then a new <br />Ten-Day Letter should be issued. This request is consistent with the <br />procedures prescribed in INE-35. <br />A response to this letter is requested prior to the AFO inspection of the New <br />Elk Mine scheduled for August 7, 1991. Your consideration of this matter is <br />greatly appreciated. <br />Sincerely, <br />Steven G. Renner <br />Coal Program Supervisor <br />DAB/eke <br />cc: David L. Bucknam, MLRD <br />David A. Berry, MLRD <br />Larry P. Routten, MLRD <br />Robert H. Hagen, Director, Albuquerque field Office <br />Nina Rose Hatfield, Assistant Deputy Director, <br />Operations & Technical Services <br />Carl C. Close, Assistant Director, East Support Center <br />Raymond Lowrie, Assistant Director, Western Support Center <br />Joel Yudson, Assistant solicitor, Regulatory Programs <br />SGR/DLB/eke <br />7393E <br />