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United States Department of the Interior OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT SUITE 310 625 SILVER AVENUE, S.W. ALBUQUERQUE, NEW MEXICO 87102 April 29, 1991 sii iiiiiiiiniiiiii 999 pp~~TAp1~~q~~ ~ AIAF1tlCA~ In Reply Rrle~ Tn: CERTIFIED MAIL - RETURN RECEIPT REQUESTED P 965 799 381 MAY 0 2 1991 Mined Land Mr. Steven G. Renner, Coal Program Supervisor Reclamation Division Mined Land Reclamation Division Department of Natural Resources 215 Centennial Building 1313 Sherman Street Denver, CO 80203 Re: Ten-Day Letter (TDL) No. 91-02-244-2 TV1, Bourg Strip Mine, Waldon Coal Company Dear Mr. Renner: The following is a written finding, in accordance with 30 CFR 842.11, regarding the Mined Land Reclamation Division's (MLRD) response to the above-referenced TDL. On March 28, 1941, the Albuquerque Field Office (AFO) conducted a random sample inspection of the Bourg Strip Mine. The AFO inspector was accompanied by an MLRD inspector. The inspection resulted in the issuance of the TDL referenced above for an alleged violation of the Colorado rules. The TDL was sent on April 3, 1991, by certified mail and was received in your office on April 5, 1991, thereby setting the response due date of April 15, 1991. Initially, your office responded orally via telephone on April 12, 1991. The hard copy of the response dated April 11, 1991, was received in this office on April 15, 1991. AFO will, therefore, consider this a timely response. The TDL was issued for "Failure to provide public liability insurance in accordance with the State program, a generic insurance certificate," in accordance with Colorado's Rule CCR 2.03.9(1), which states "Prior to issuance of a permit, each applicant shall submit to the Division for inclusion in the permit application, a certificate certifying that the applicant has a public liability insurance policy in force for the surface coal mining operation for which the permit is sought." The certificate identifies "Flatiron Companies" as the insured instead of Waldon Coal Company, and it does not identify the Bourg Strip Mine as a mining operation covered by the liability insurance policy.