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United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Suite 7200 <br />505 Marquette Avenue N.W. <br />Albuquerque, New Mexico 87102 <br />November 16, 1992 <br />III IIIlllllllllllll <br />999 <br />TAKE~~ ~ <br />PRIDE INS <br />AMERI~= <br />~~ <br />~~ <br />m~ ~ <br />~ ^ <br />IN REPLY REFER Tn <br />Certified Return Receipt No. P 965 798 936 ~ ; <br />RE~E~`~ d~ ~_ <br />Mr. Steven G. Renner, Coal Program Supervisor <br />Division of Minerals and Geology ~Qd 2 01992 <br />Department of Natural Resources <br />215 Centennial Building Dlviol~", E,, ., <br />1313 Sherman Street PhINERALS ~ - <br />Denver, Colorado 80203 <br />Re: Ten-Day Notice (TDN) 92-02-244-2 (TV-1) Colowyo Mine <br />Dear Mr. Renner: <br />The following is a written finding in accordance with 30 CFR 842.11, regarding the <br />Division of Minerals and Geology's (DMG) response to the above-referenced TDN. <br />On September 29, 30, and October 1, 1992, the Albuquerque Field Office (AFO) <br />conducted a random sample inspection of the Colowyo Mine. The AFO inspector <br />was accompanied by a DMG inspector and his supervisor. The TDN was sent <br />certified mail on October 9, 1992, and received by DMG October 13, 1992, <br />thereby, setting the response due date of October 22, 1992. An oral response was <br />received via telephone from your office by AFO on October 22, 1992. A telefaxed <br />copy of the written response was also received on the same date. AFO will, <br />therefore, consider this a timely response. <br />Violation 1 of 2 of the TDN cites the Code of Colorado Regulations (CCR) 2 CCR <br />4.07-2 Rule 4.06.1 as the regulation believed to have been violated. The TDN <br />states that the operator failed to remove topsoil and/or an approved topsoil <br />substitute from areas before disturbing the area affected by surface coal mining <br />operations for the affected area diversion ditch constructed in Sections 15 and 16. <br />DMG's response indicates that the operator has mine plan approval for a variance <br />from the requirement to save topsoil where removal would result in needless <br />disturbance to adjoining soils and vegetation when sediment control ditches and <br />small water diversions are constructed. This finding for a topsoil removal variance <br />was made by the DMG and approved, as such, in the operator's mine plan based <br />