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:: <br />M f. . <br />~~I I~~II~!I~II~~ II~ <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. <br />ALBUQUERQUE, NEW MEXICO 87102 <br />August 29, 1991 <br />~ ~ <br />In Reply Rrfe~ To: <br />CERTIFIED MAIL - RETURN RECEIPT REQUESTED <br />RECEIPT N0. P 965 799 202 --~ ~~ ~' <br />SEP0~1991 <br />Mr. Steven G. Renner Coal Program Supervisor <br />Mined Land Reclamation Division fUined Land <br />Department of Natural Resources Pieclamatior Division <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />Re: Ten-Day Notice (TDN) No. 91-02-116-5 (TV3), Fruita No. 1 and No. 2 <br />Mines, American Shield Coal Company~.~~ <br />Dear Mr. Renner: <br />The following is a written finding, in accordance with 30 CFR 842.11, <br />regarding the Mined Land Reclamation Division's (MLRD) Suly 29, 1991, <br />response to alleged violation 2 of 3 of the above TDN, and MLRD's August <br />8, 1991, submittal of additional information regarding violation 2 of 3. <br />The Albuquerque Field Office (AFO) has reviewed the bond adjustment <br />information provided in MLRD's August 8, 1991, submittal. This <br />submittal has been reviewed in light of the August 16, 1991, letter from <br />W. Hord Tipton, Deputy Director, Operations and Technical Services, <br />to you responding to your Suly 29, 1991, informal review request. Mr. <br />Tipton's response sustained the determination of the AFO that <br />approximate original contour has not been restored at the Fruita Mines <br />and also orders a Federal inspection. <br />Failure to restore the appropriate original contour at the Fruita Mines <br />will necessitate additional backfilling and grading and subsequent <br />reclamation work. This additional reclamation liability clearly makes <br />MLRD's proposal to process Phase I bond reduction from $95,380 to <br />$57,228 inappropriate. <br />AFO finds that MLRD's response to TDN 91-02-116-5, violation 2 of 3 <br />constitutes an arbitrary and capricious response and, therefore, is <br />inappropriate. Also, AFO requests MLRD to cease any bond reduction or <br />bond release actions at this time. <br />