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ENFORCE27622
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ENFORCE27622
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Entry Properties
Last modified
8/24/2016 7:35:11 PM
Creation date
11/21/2007 11:40:34 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
6/6/1994
Doc Name
10 DAY NOTICE 93-020-370-005
From
DMG
To
DAN HERNANDEZ
Violation No.
TD1993020370005TV3
Media Type
D
Archive
No
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United States Deparrlrtent of the Interior <br />OFFICh: OI~ SURFACIC MINING <br />Ri~i lanciliou and I~,ulin i,~mru1 <br />\1'.nhiu4lnii. I1.('. '91?411 <br />,~.,, ~ fi 19'x' <br />Mr. Steven G. Renner <br />Coal Program Supervisor <br />Division of Minerals and Geology <br />1313 Sherman St., Room 21 5 <br />Denver, Colorado 80203 <br />Dear Mr. Renner: <br />}~r" {: Y' <br />~~N <br />`~ 7994 <br />.:..;r ~, <br />Thank you for your letter of February 14, requesting informal review of the <br />Albuquerque Field Office (AFO) Director's determination that your agency did <br />not take appropriate action with respect to ten-day notice (TDN) number <br />93-020-370-005 (Basin Resources, Inc., permit number C-81-0131• <br />The TDN is based on a citizen complaint alleging that the permittee failed to <br />prevent or control adverse impacts to ground water systems, resulting in the <br />dewatering of a well owned by the complainant. The complainant maintains <br />that construction of an air shaft near his well caused it to go dry. <br />In your request for review, you assert that the AFO misinterpreted your <br />agency's handling of the citizen's allegation and the investigation that <br />followed. You cite Colorado Rule 5.02.5, which requires your agency to <br />conduct an investigation where the complainant provides sufficient basis <br />that a violation exists. You maintain that your investigation has not been <br />completed nor has a violation been proven, thus the TDN should not have <br />been issued. You state that if the investigation establishes a hydraulic <br />communication between the air shaft and the well production zone, your <br />agency would take appropriate action under Colorado Rule 4.04 (6) to <br />ensure replacement of the water supply. <br />You also note that the well was reported to be "non-functional" during a <br />permit amendment well inventory conducted in 1984 and that your <br />investigation has been hampered by the absence of readily-available well <br />construction information essential to making a cause and effect relationship <br />concerning water loss. Finally, you note that your agency has initiated <br />informal discussions with the mine operator and the landowner/complainant <br />with respect to a replacement water supply. <br />
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