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;,z;. <br />• <br />r~ <br />United States Department I~f the <br />OFFICE OF SURFACE ~II~;1tiG <br />Reclamation and Enfortemen[ <br />SLLI[e L(10 <br />505 ~larqueae Avenue N.~V. <br />Albuquerque, New Mexico 37102 <br />October 30, 1992 <br />CERTIFIED RETURN RECEIPT NO. P 965 799 384 <br />Mr. Michael B. Long, Director <br />Division of Minerals and Geology <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />.. ~ r. <br />=v~ll ~ 199 <br />D! REPLY REFER TO: <br />Re: Ten-Day Notice (TDN) No. 91-02-116-5, Fruita No. 1 and No. 2 Mines, <br />American Shield Coal Company <br />Dear Mr. Long: <br />On August 16, 1991, W. Hord Tipton, Deputy Director, Operations and Technical <br />Services, sustained the determination of the Albuquerque Field Office (AFO) that <br />approximate original contour has not been restored at the Fruita Mines as alleged <br />in violation No. 1 of the above-noted TDN. Subsequent to Mr. Tipton's finding, the <br />Mined Land Reclamation Division (MLRD) issued Notice of Violation (NOV) <br />No. C-91-024 to the American Shield Coal Company for "Failure to reclaim all <br />areas disturbed by mining to approximate original contour and to backfill so as to <br />eliminate all highwalls." Issuance of the NOV stayed the immediate need for AFO <br />to conduct the required Federal follow-up inspection of the minesite as directed by <br />Mr. Tipton on the assumption that such an act constituted appropriate action that <br />would cause the violation to be corrected. AFO notified MLRD that both the <br />permittee's and State's actions regarding the final disposition of the NOV would <br />continue to be monitored. <br />The Division of Minerals and Geology (DMG} has recently prepared a proposed <br />aecision document to issue a Reclamation Permit for the Fruita Mines. The <br />proposed permit would allow for the retention of the highwalls at the Fruita <br />minesite. This is contrary to Mr. Tipton's finding regarding the TDN and to the <br />remedial measures incorporated in NOV No. D-91-024. <br />If DMG approves the pending Reclamation Permit in its present form, AFO will <br />consider that approval to constitute an inappropriate action that has failed to <br />correct this violation within the requirements of the Colorado approved program. At <br />IIIIIIIIIIIIIIIIIII~~ya^ J <br />sss <br />111 LL 1 rOi ei~E.+.:rA <br />