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1111111111111111111 STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 303 866-3567 FA%:303 832-6106 May 3, 1991 Mr. Robert Hagen, Director Albuquerque field Office Office of Surface Mining Reclamation and Enforcement 625 Silver Avenue, S.W., Suite 310 Albuquerque, New Mexico 87102 Re: Ten Day Notice X-91-02-244-7 TV 1, Twentymile Coal Company Dear Mr.Hagen: OF ~~(p '~~i ~9O H` ~ O ~ ~BY6 ~ Roy Romer. Gavemar Freo R. Banta, Division Director I have reviewed your April 29, 1991 determination regarding our April 12, 1991 response to the above referenced Ten Day Notice. The AFG has determined that our response was arbitrary and capricious, and thus inappropriate. As allowed by 30 CFR 842.11(b)(1)(iii), the Colorado Mined Land Reclamation Division requests an informal review of the AFO determination by the Depu ty Director, Operations and Technical Services. The basis for our appeal is as follows. The Ten Day Notice as well as the AFO determination, both reference Colorado Rule 2.07.3(4) as the basis for the violation. This rule requires that an applicant provide copies of certain permitting actions to the county courthouse such that public review and participation is promoted. Rule 2.07.3 is specific to permitting actions currently in progress. This requirement mirrors the requirements of 30 CFR 773,13 (a)(2), and is therefore no less effective than the federal requirements. The AFO determination expresses concern that mining and reclamation plans are not available to the public for review throughout the life of the operation. As noted in the MLR response to the ten day notice, this information is, in fact, available to the public during the life of the facility. Colorado Rule 5.02.4(1) requires that copies of all records and information required by the rules be available to the public in the vicinity of the mine site. We interpret this requirement to mean that permit documents (required information) as well as other pertinent records be available to the public. These materials may be kept at either the mine site, county offices or an other easily accessible location in the vicinity of the mine. In this particular case, the permit documents are available to the public at the mine office. Coloraao Rule 5.02.4(1) parallels 30 CFR 840.14(b), and is no less effective than that requirement.