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r' <br />i <br />nl <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 666-3567 <br />Fa x: 303 832-8106 <br />III IIIIIIIIIIIII III <br />~ lti1 ~ OF COLORADO <br />OF'~~lp <br />`_-° 'es <br />„~%'~ ~ ~$ <br />u <br />~ /976 ~ <br />Ror Romer. <br />Governor <br />Fretl R. Banta. <br />Givision Director <br />April 2, 1991 <br />Mr. Robert Hagen, Director <br />Albuquerque Field Office <br />Office of Surface Mining <br />Reclamation and Enforcement <br />625 Silver Avenue, S.W., Suite 310 <br />Albuquerque, New Mexico 81102 <br />RE: Grassy Gap TDN 912-116-4 TV3 <br />Dear Mr. Hagen: <br />The Division has reviewed the above referenced Ten Day Notice, and provides <br />the following comments to you. <br />TV #1 Failure to maintain bond until bond release is authorized. - <br />Rule 3.03.1 (2)(a) <br />The regulatory citation included in the notice addresses requirements which <br />the Division mist follow, not the permittee. This notice does not address <br />performance standard violation, therefore it may not be an appropriate TDN. <br />Please clarify your position in this regard. <br />Background and History <br />The bond amount was set at the conclusion of the midterm review. The Division <br />proposed to approve the midterm revision on July 8, 1989 with a stipulation <br />(number 7) requiring additional bond. Rock castle requested a Hearing which <br />was held on December 14, 1989. The Board ordered that the bond be set as <br />proposed and that bond be posted by February 14, 1990. When no bond was <br />submitted the Division issued NOV C-90-007 for failure to file additional <br />bond. Abatement was set for May 16, 1990. No bond was submitted, and the NOV <br />was unabated. <br />The permit ultimately expired, while other NOV's remained unabated. On <br />flay 24, 1990 the Board ordered that the site be placed under alternative <br />enforcement and that abatement be pursued under a compliance schedule, which <br />was signed on June 27, 1990. This Board ordered Agreement required that <br />reclamation work be done at the site to reduce liability as abatement for <br />NOV C-90-007, and in lieu of submitting additional bond. It also ordered that <br />the Division defer any further enforcement action regarding the bond increase <br />until completion of Agreement activities or upon failure of Rock castle to <br />pursue Agreement activities. <br />