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P~~ ~\ 1/~ ~~F <br />~Ni O, III IIIIIIIIIIIII III <br />o` ^ -•- = United States Department of the Interior 99g <br />OFFICE OF SURFACE MINING <br />-.~;~,_ RECLAMATION AND ENFORCEI\4ENT <br />"'_~. ~ ~•`° 219 CENTRAL AVENUE., N11' I~~ ~,~ ~'rl r• ~~ <br />ALBUQUERQUE, NElV 1•fEXICO A7102 +~ a~-..~Sa,,,~~ ~,,, f! , <br />June 17, 1983 <br />.Ji;f~ ~v IQ~3 <br />b41iJED LAND PECLAMATION <br />Colo. Dept. of A~atural Resoerce~ <br />David C. Shelton <br />Department of Natural Resources <br />Mined Land Reclamation Division <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />SUBJECT: MLRD Response to OSM Ten-Day Notice No. 83-2-0-1 <br />Dear Mr. Shelton: <br />The Office of Surface Mining (OSM) has completed its review of the <br />Mined Land Reclamation Division's (NERD) response to the subject Ten- <br />Day Notice. The Division's response to the availability of records is <br />inappropriate, and OSM will make additional on-site observations to <br />evaluate the impact of the breached berm. <br />As indicated in the Division's formal response dated June 8, 1983, and <br />the state inspection report of June 7, 1983, the records cited in the <br />Ten-Day Notice were still unavailable for inspection. Mr. McCormick <br />informed the OSt+I inspector that an office was no longer maintained in <br />Gunnison and that copies of the records were on file at the permit- <br />tee's address in Aurora, Colorado. Further, OSM questions the lack of <br />records in view of the fact that the Division conducted two complete <br />inspections of the mine in March and April 1983, during one of which <br />an operator contact was made. OSM will reinspect the records and will <br />issue a Notice of Violation if they remain unavailable for review. <br />During that inspection, OSM will check the condition of the lower <br />bench berm. If the berm has not been repaired, OSM will reevaluate <br />the potential for topsoil loss in the undisturbed area between the <br />bench outslope and the pond interceptor ditch. Enforcement actions <br />then will be considered accordingly. <br />The mine will be inspected as soon as possible. Please contact me or <br />Ron Sassaman if you have any questions or additional information. <br />Sincerely, <br />Robert H. Hagen, Director <br />Albuquerque Field Office <br />