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,J4 18:08 <br />~~ <br />J T <br />. 4,q N ,• <br />$505 7882808 OSM ALBUD FO +++ CO/DMG III IIIIIIIIIIIIIIII <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Itetlamacon and Enrorcemen[ <br />Sui[e 1200 <br />505 Moquette Avenue N.W. <br />Albuquerque, New Mc9aco 8710Y <br />February 16, 1994 <br />CERTIFIED RETURN RECEIPT NO. P 293 288 814 <br />Mr. Michael B. Long, Director <br />Division of Minerals and Geology <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />__~ <br />~..~ <br />~s~ <br />~~ ~ <br />~ ~ <br />w avw9[se9 ro: <br />Re: Ten-Day Notice (TDN) No. 91-02-116-05, Frusta No. 1 and 2 Mines, American <br />Shield Coal Company <br />Dear Mr. Long: <br />On July 2, 1991, the Albuquerque Field Office (AFO) issued the above nosed TDN <br />to the Division of Minerals and Geology (DMG) for the operator's failure to restore <br />the disturbed areas to their approximate original contour. Ultimately, AFO found <br />DMG's response to be inappropriate. DMG appealed that decision to W. Hord <br />Tipton, Deputy Director, Operations and Technical Services. On August 16, 1991, <br />Mr. Tipton affirmed the AFO written finding and ordered a Federal inspection of the <br />Frusta Mines. <br />On September 24, 1991, prior to AFO conducting the required follow-up inspection, <br />DMG issued Notice of Violation (NOV) No. C-91-024. Issuance of the NOV <br />temporarily stayed the immediate need for AFO to conduct the Federal inspection <br />under the presumption that the State action would cause the violation to be <br />corrected. AFO notified DMG that both the operators and State's actions <br />regarding the final disposition of the NOV would continue to be monitored. <br />As you are aware, the State NOV has gone through a number of revisions and <br />Settlement Agreements since its issuance. Regardless, DMG issued a Failure to <br />Abate Cessation Order (FTACO) on December 15, 1993. The FTACO remains <br />unabated more than 30 days since its issuance. DMG is required by the approved <br />Colorado Program at Section 5.04.6(4) to pursue aRernative enforcement <br />JvTIpHl1l FONY 99 (790( <br />