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Mr. Robert Hagen - 2 - May 3, 1991 <br />In its determination, the AFO interprets the Directors February 6,1991 <br />response to a 733 petition to mean that all mine records must be filed at the <br />county courthouse. As stated in the Director's cover letter to the <br />733 response, the De ti ti on was a request that OSMRE institute a federal <br />program at a particular mine. The 733 petition and the response were relevant <br />to an ongoing permitting action which would be subject to the requirements of <br />Rule 2,07.3(4). Ten Day Notice X-91-02-244-7 TV 1 was not written in response <br />to a permitting action. The AFO interpretation of the Director's response is <br />not accurate in the context of either the 733 petition nor the response itself. <br />Colorado's response is neither arbitrary nor capricious as defined in INE-35, <br />and, in fact, constitutes a showing of good cause for not issuing a notice of <br />violation to the permittee, The policies, interpretations and procedures <br />outlined in the response are both reasonable and consistent with State and <br />Federal statutes and regulations. It would appear that the AFO has <br />misinterpreted our response, thus leading to the inappropriate determination. <br />Contrary to the AFO response, and as discussed above, it is our interpretation <br />of the rules that all pertinent permit documents, including the mining and <br />reclamation plans, be available to the public in the vicinity of the mine. <br />Rule 5,02.4(1) supports this determination. The Twentymile Coal Company is in <br />compl lance with this rule. <br />For the reasons outlined above, the Mined Land Reclamation Division requests <br />that the Deputy Director review this matter and reverse the inappropriate <br />de termination , <br />Please contact Steve Renner or me if you have questions or comments. <br />Sinc~-eJ~, _ D <br />A~~ <br />F ED R, A <br />irector <br />FRB/ern <br />CC: Steve Renner <br />David Berry <br />9924E <br />-2- <br />