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iii iiniiiiiiiiiiii <br />999 ^ <br />TAIL ~~ <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING r <br />RECLAMATION AND ENFORCEMENT ~ ^ <br />SUITE 310 <br />625 SILVER AVENUE, S.W. In Reply Rr(er I'o: <br />ALBUQUERQUE, NEW MEXICO 67102 <br />November 28, 1990 <br />r- -- f . -- . s'" <br />~~V ~ ~ I,ri~!~ <br />Mr. Dan Matthews, Acting Coal Program Supervisor <br />Mined Land Reclamation Division dined land <br />Department of Natural Resources P°Clafn2On GiviJ!an <br />215 Centennial Building <br />1313 Sherman Street ` <br />Denver, CO 80203 <br />Re: Ten-Day Notice (TDN) No. 90-02-244-033, Violation 3 of 3, Peabody <br />Coal Company, Nucla Mine Permit No. C-S1-008 <br />Dear Mr. Matthews: <br />On September 26, 1990, the Albuquerque Field Office (AFO), in accordance <br />with 30 CFR 842.11, found the Mined Land Reclamation Division's (MLRD) <br />response to violation No. 3 of TDN 90-02-244-003 to be arbitrary and <br />capricious and, therefore, inappropriate. On October 9, 1990, in <br />response to the receipt of AFO's written finding, MLRD conducted an <br />inspection of the Nulca Mine and found the violation to have been <br />corrected by the permittee. Evidence of the abatement measures taken by <br />[he permittee were forwarded to AFO on October 19, 1990, <br />Based on the written and photographic evidence submitted by MLRD, AFO <br />has determined that the violation cited in violation No. 3 of <br />TAN 90-02-244-003 no longer exists. Therefore, the Federal follow-u¢ <br />inspection required by the September 26, 1990, written finding will not <br />be conducted. <br />If you have any questions regarding this matter, please contact <br />Stephen Rathbun at (505) 766-1486. <br />Sincerely, <br />rt H. Hagen, D'rector <br />Albuquerque Field ffice <br />