ENFORCE32883 - Laserfiche WebLink

Home Browse Search

STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1373 Sherman St.. Room 21s Denver. CO 80203 303 866-3567 Fq x: 303 832.6106 OF' CO ~'8 ~.~~ . ~ /8 Tfi ~ Ray Ramer, Gorurror Frea R. Banta. Division Director April 12, 1991 Mr, Robert Hagen, Director Albuquerque Fieid Office Office of Surface Mining Reclamation and Enforcement 625 Silver Avenue, S.W., Suite 310 Albuquerque, New Mexico 87702 RE: Ten Day Notice X-91-02-244-7 TY1 Dear Mr. Hagen: We received the above referenced Ten Day Notice on April 5, 1991. The Notice references Colorado Rute 2.07.3(4), The stated nature of the alleged violation is a failure to maintain a copy of the permlt doaments filed with MLRD at the county courthouse or other public offices near the proposed mining operation. Rule 2.07 of the Colorado Regulations is intended to provide for public participation in the permitting process. Rule 2.07.1 defines the scope of the public participation process. Rule 2.07.3(4), as cited by the OSMRE inspector, requires that pertinent permit documents be made available to the public during permit reviews and through established public comment periods. Rule 2.07 is intended to provide the public with free access to important information during a permitting action, it is not intended nor has it ever been construed to mean that permit documents be permanently placed at the county courthouse. Colorado Rule 5.02.4 does address public availability of records. This Rule requires that all pertinent records be accessible to the public both at our offices and at a convenient pi ace in the area of the mine. This requirement is being complied with by the permittee. Rule 5.02.4 does not require a permittee to maintain records permanently at the courthouse or other public facility. Therefore, we will not take any further action.