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III IIIIIIIIIIIII III <br />999 <br />United States Department of the Interior <br />RECEIVED <br />OFFICE OF SURFACE MINING <br />Rcc6mmion and Enfoncment <br />Sui¢ 1200 <br />505 Marquette Avenue N.W. <br />Albuqurrquc, Ncw Mn¢u 87102 <br />June 19, 1995 <br />Ms. Susan McCannon, Program Supervisor Regulatory <br />Division of Minerals and Geology <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Re: Ten-Day Notice 95-020-179-002, Seneca II West <br />Dear Ms. McCannon: <br />JUN 21 1995 <br />JiviSio;; u~ ~:m~era s a Ueology <br />The Albuquerque Field Office (AFO) received the Division of Minerals and Geology <br />(DMG) request for an informal review of the written finding regarding Ten Day <br />Notice (TDN) 95-020-179-002, Violation 3 of 3. Additional information regarding <br />this matter was also included in your request. <br />Review of this information was cause for AFO to revisit the TDN written finding. In <br />that DMG has not promulgated the rule changes approved by OSM on June 1, <br />1994, those changes are not yet effectively a part of the Colorado approved <br />program. In consideration of DMG's commitment to publish the proposed <br />amendment in the Colorado Register in July, 1995, AFO now finds the response to <br />the TDN to be good cause for not taking action. <br />The situation regarding this particular TDN demonstrates the need for timely <br />promulgation of program amendments after OSM approval. <br />If you have any questions regarding this issue, please feel free to contact me, or <br />Stephen Rathbun at 505-766-1486. <br />Sincerely, <br />til~~L._.. ll/~~ <br />Arthur W. Abbs, Acting Director <br />Albuquerque Field Office <br />cc: James Fulton <br />