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,HV , <br />j <br />f^ ~~-~'_1Li <br />- ..+.~ v <br />Responses to Request Cor R'ithdrawal of Aparoval ~ FF-l ~ I ;`'9. <br />for Portions of the Colorado Program 4it;~1 <br />~UUERC;a `'.1L c;rrtc. <br />The issues raised in the August 20, ]990, petition have been analyzed in two groups: <br />those that concern the adequaty of the approved Colorado State program under the <br />Surface Mining Control and Reclamation Act (SMCRA) and implementing Federal <br />regulations and those which concern implementation of the State's program. <br />Issues Concernine the Adequacy of the Colorado State Program <br />Garfield Citizens' Alliance (GCAI Issue Numbers 4. 5. 9 and 10: With regard to the <br />issues concerning the adequacy of the Colorado State program, I find the portions of the <br />Colorado program addressing application completeness determinations, permit renewal, <br />temporary cessation and inspection of permitted operations to be no less stringent than <br />SMCRA and no less effective than the Federal regulations in meeting the requirements <br />of SMCRA. Therefore, I shall not require amendment, in accordance with 30 CFR Part <br />732, of these sections of the approved State program. <br />Issues Related to the Implementation of the Colorado State Program <br />GCA Issue Number l: The procedural issue concerning the availability and retention of <br />permit documents, reports, inspection materials and other records is comprised of two <br />parts, that is, the availability and retention of permit application documents and the <br />availability and retention of mine records for permitted operations. Permit applica <br />documents, in accordance with 2 CCR 407-2, 2.07.3(4), are filed with Colorado's Mined <br />Land Reclamation Division (MLRD) and are available for public inspection and copying <br />at the county courthouse or other public office near the proposed mining operation. <br />Mine records, on the other hand, are filed in accordance with 2 CCR 407-2, 5.02.4(1) <br />which requires that they be: <br />immediately available to the public at the Division office and at <br />a convenient place in the area of mining to which the <br />information pertains until at least five years after expiration of <br />the period during which the subject operation is active or is <br />covered by any portion of reclamation bond. <br />An investigation by our Albuquerque Field Office (AFO) found that the permit <br />application documents were generally complete and up-to-date at both the Garfield <br />County Courthouse and the MLRD office. However, there were some problems with <br />the maintenance of mine records at a place convenient to the area of mining, in <br />accordance with 2 CCR 407-2, 5.02.4(1). The State has acknowledged that certain <br />documents of both types could not be located in the public files and that New Castle <br />Energy Corporation's mine records have not been maintained in the locale of the mine, <br />which latter practice has only been allowed during [he period of temporary cessation, <br />MLRD has agreed that it should improve the management of its public tiles and has <br />stated that it will require mine operators to maintain mine records in the vicinity of the <br />minesite during periods of temporary cessation. I am pleased to note the State's <br />