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iii iuiiiiiiiiu iii 999 MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 303 866-3567 FA X: 303 832-8106 STATE OF COLORADO OF' Cpl ,f°- q' Nei/~ g • ~.:/'nT •~.~,q+ eve' Roy Romer, Gavemor Freo R. Banta. Division Director April 12, 1991 Mr. Robert Hagen, Director Albuquerque Field Office Office of Surface Mining Reclamation and Enforcement 625 Silver Avenue, S.W., Suite 310 Albuquerque, New Mexico 87102 RE: Ten Day Notice X-91-02-244-7 TV1 Dear Mr. Hagen: We received the above referenced Ten Day Notice on April 5, 1991. The Notice references Colorado Rule 2.07.3(4). The stated nature of the alleged violation is a failure to maintain a copy of the permit documents filed with MLRD at the county courthouse or other public offices near the proposed mining operation. Rule 2.07 of the Colorado Regulations is intended to provide for public participation in the permitting process. Rule 2.07.1 defines the scope of the public participation process. Rule 2.07.3(4), as cited by the OSMRE inspector, requires that pertinent permit documents be made available to the public during permit reviews and through estab]ished public comment periods. Rule 2.07 is intended to provide the public with free access to important information during a permitting action, it is not intended nor has it ever been construed to mean that permit documents be permanently placed at the county courthouse, Colorado Rule 5.02.4 does address public availability of records. This Rule requires that all pertinent records be accessible to the public both at our offices and at a convenient place in the area of the mine. This requirement is being complied with by the permittee. Rule 5.02.4 does not require a permittee to maintain records permanently at the courthouse or other public facility. Therefore, we will not take any further action.