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<br />would benefit our on-going investigation. <br />Because the technical construction information is apparently unavailable, and because it is possible <br />that the well was not producing water prior to conswction of the air shaft, the Division has tried to <br />bring this problem to a positive conclusion. The Division has initiated informal discussions with the <br />mine operator ultimately aimed at providing Mr. Tatum with an alternative water source or a <br />reconstructed well. These discussions have not yet been concluded. <br />Colorado Rule 5.02.5 requires that the Division conduct an investigation into a citizen complaint if <br />the complaint provides the Division sufficient basis to believe that a violation has occurred. The <br />Division received a letter alleging a loss of water from the well th late 1992. Although not labeled <br />as a citizen complaint, the Division has reacted as though the allegation were indeed a citizen <br />complaint. Therefore, we have conducted an investigation into the allegations. Sufficient <br />information to warrant the issuance of a violation has not yet been uncovered. However, we do not <br />consider this investigation to be completed. This is documented in the attached wrrespondence <br />between the Division and Mr. Tatum. If the investigation determines that the air shaft is responsible <br />for the loss of water, then the Division would issue the appropriate enforcement action. The <br />complaint which is the subject of the referenced TDN is identical to the 1992 allegation. Thus, the <br />issue is being handled in the context of the first investigation. Therefore, it should not now be <br />readdressed through the issuance of a Ten-Day Notice. <br />Colorado believes that the record demonstrates that the Division has acted appropriately in <br />attempting to resolve the complaint. An investigation, which is on-going, was initiated after receipt <br />of an allegation by the complainant in 1992. The Division has never requested that the complainant <br />conduct his own investigation as alleged in the AFO determination. Further, the Division has <br />initiated discussions with the permittee in order to resolve this concern. <br />The Division of Minerals and Geology asserts that it has appropriately implemented its program as <br />described in Rule 5.02.5. Therefore, the Division requests that the Deputy Director reverse the <br />Albuquerque Field Office determination of February 4, 1994. <br />Sincerely, <br />Steven G. Renner <br />Coal Program Supervisor <br />SGRJscm <br />CC: Michael Long <br />Daniel Hernandez <br />M: \oss\scm\tdnresp. dih <br />