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III IIIIIIIIIIIIIIII <br />999 <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT ~ ~ <br />SUITE 310 <br />625 SILVER AVENUE, S. W. In Reply Refer To: <br />ALBUQUERQUE, NEW MEXICO 87102 <br />November 2. 1990 <br />~l <br />Mr. Dan Matthews, Acting Coal Program Supervisor t~ ;,,~l~^ ~_ ~~ '.- . . <br />Mined Land Reclamation Division -- ' = --- <br />Department of Natural Resources <br />215 Centennial Building ~'!~!j ~ ~ ~~~~ <br />1313 Sherman Street <br />Denver, CO 80203 ''~"~°d Lana <br />Reclamation Division <br />Re: Ten-Day Notice 90-02-107-13, Hayden Gulch Mine <br />Dear Mr. Matthews: <br />The following is a written finding, in accordance with 30 CFR 842.11, <br />regarding the Mined Land Reclamation Division's (MLRD) response to the <br />above-referenced Ten-Day Notice (TDN). <br />- The TDN was issued for the operator's failure to maintain access roads <br />- -- -to "* * * have adequate drainage using structures such as, but not <br />limited to, * * * culverts." The TDN references the 36 inch diameter <br />culvert at the access road approach from the county road. The Colorado <br />rule cite was inadvertently omitted from the TDN. However, as stated on <br />the Mine Site Evaluation Inspection Report narrative and supplement, the <br />Colorado Rule is 4.03.2(4). <br />MLRD received the TDN via certified mail on October 3, 1990, thereby <br />setting the response due date at October 15, 1990. MLRD provided an <br />oral response to the TDN on October 12, 1990. The written response was <br />received in the Albuquerque Field Office (AFO) on October 24, 1990. <br />MLRD's response indicates the Division issued a Notice of Violation <br />(NOV) to the Hayden Gulch Coal Company for not maintaining the culvert. <br />The response also references the NOV number (C-90-045). <br />AFO finds that MLRD has taken appropriate action to cause the violation <br />to be corrected. In addition, AFO will track the NOV towards its <br />ultimate abatement and termination. <br />If you wish to discuss the matter further, please contact me or <br />Steve Rathbun at (SOS) 766-1486. <br />Sincerely, <br />-1~---- 4- ~i~-` C~i <br />1~ r ~ wT~ f`O R- <br />Robert H. Hagen; Director <br />Albuquerque Field Office <br />