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United States Department of the Interio <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Suite 1200 <br />505 Marquette Avenue N.W. <br />Albuquerque, New Mexico 87102 <br />January 15, 1993 <br />CERTIFIED RETURN RECEIPT NO.: P 965 799 394 <br />Mr. Steve Renner <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />iiiiiiiiiiiiiiuiii <br />99 <br />ralcE~ <br />PRIDE INS <br />r nME~ <br />m~ ~ <br />~ ^ <br />IN REPLYREFER TO: <br />R~~~, <br />JAN 2 21993 <br />MINE~y~s ~~ . . . <br />Re: Division of Minerals and Geology (DMG) Response to Ten-Day Notice (fDN) <br />92-020-370-003 (TV 2), Roadside/Cameo Mine <br />Dear Mr. Renner: <br />DMG received TDN 92-020-370-003 (ll/ 2), on December 16, 1992, and the <br />Albuquerque Field Office (AFO) received DMG's responses on December 28, for <br />violation 1 of 2; and January 6, 1993, for violation 2 of 2. An extension of time to <br />respond, until January 1, 1993, had been given to DMG due to the holidays. <br />TDN 92-020-370-003, violation 1 of 2, was issued for failure to properly design and <br />certify impoundments. Three structures were cited as part of this TDN; the series <br />of ponds that constitute the sewage lagoons and the two ponds at the North <br />Decline area were addressed as alternate sediment control areas (ASCA's) by <br />DMG. AFO finds the DMG response to be appropriate in part and inappropriate in <br />part. <br />DMG's response on the sewage lagoons states that the designs have been <br />incorporated into the approved permit and that the lagoons have been certified by <br />the operator. Copies of the certifications have been provided to AFO. Therefore, <br />AFO finds this part of the response to be appropriate. <br />DMG's response on the two ponds at the North Decline states that DMG does not <br />believe a violation exists because: (1) The two structures were permitted as <br />alternate sediment control methods in conjunction with small area exemptions: <br />(2) The structures totally contain the runoff from a 25-year, 24-hour precipitation <br />event; and (3) The ponds are excavated structures. AFO finds this response to be <br />inappropriate for the following reasons: <br />