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<br />iii iiiiiiiiiiiiiiii <br />>~ <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT ~ i <br />SUITE 310 <br />625 SILVER AVENUE, S.W. In Reply Rrfer 'fo: <br />ALBUQUERQUE, NEW MEXICO 87102 <br />May 9, 1991 {-,i~~s....~%~*; <br />;SAY i ~ i99 <br />~Jlinec+ ~arid <br />?eclam2ti~~n `_)iyn;i~u <br />Mr. Steven G. Renner, Coal Program Supervisor <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />Re: Ten-Day Notice (TDN) No. 91-02-244-7, Foidel Creek Mine, Twentymile <br />Coal Company <br />Dear Mr. Renner: <br />The Albuquerque Field Office (AFO) has received the Mined Land <br />Reclamation Division's (NERD) request for an informal review of the AFO <br />written finding regarding the above-noted TDN. After considering your <br />basis for appeal and conducting an extensive review of the regulation <br />allegedly violated, AFO is withdrawing TDN No. 91-02-244-7. <br />The TDN was issued based on a review of available records at the Routt <br />County Courthouse. The review revealed that a copy of the permit <br />application package for the Foidel Creek Mine was not on file. Further, <br />the county recorder indicated that records of this nature are filed upon <br />receipt, kept in perpetuity, and removal from the courthouse is <br />prohibited. Based on the evidence available to AFO, an alleged <br />violation of Rule 2.07.3(4) existed in that, apparently, the permit <br />application package for the Foidel Creek Mine had never been filed at <br />the county courthouse. As you point out, however, there was no <br />permitting action pending at the time of the AFO random sample <br />inspection (RSI). <br />While this particular TDN is being withdrawn, the larger question of <br />industry compliance with the requirements of Rule 2.07.3(4) remains. <br />Therefore, based on the findings of the recent 733 petition and the <br />results of the Foidel Creek RSI, I will initiate, beginning July 1, <br />1991, a special study to evaluate compliance with the requirements of <br />Rule 2.07.3(4). Specifically, a review will be conducted to ensure that <br />applicants are making a full copy of the complete application for a <br />permit, permit revision, or permit renewal available for the public to <br />inspect and copy. In addition, the location and timing of the filing of <br />