Laserfiche WebLink
iiiiiiiiiiiiiiiiii <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Suite 1200 <br />505 Marquette Avenue N.W. <br />Albuquerque, New Mexico 87102 <br />DEC 0 9 1993 <br />t~_ <br />~~,= <br />~~~ <br />m~ ~ <br />~ ^ <br />IN REPLY REFER TO: <br />~~'" •- <br />,' I': <br />Steven G. Renner, Coal Program Supervisor DEC 13 1983 <br />Division of Minerals and Geology <br />1313 Sherman St., Room 215 ~~~•~~ ~•,, <br />Denver, Colorado 80203 ' ' - -. <br />Re: Response to Ten-Day Notice (TDN) 93-020-190-06 TV2 <br />New Elk Mine C-81-012 <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 (DMG) response to the above noted TDN. <br />A review of records was conducted by the Albuquerque Field Office (AFO) in mid- <br />November 1993, regarding enforcement actions taken by DMG in April of this year <br />at the New Elk mine. Two Notices of Violation (NOV) were identified that remained <br />unabated approximately 8 months after issuance. <br />A review of the record did not provide the required documentation necessary to <br />justify the length of abatement periods being granted by DMG. As a result, <br />TDN 93-020-190-06 TV2 was issued by AFO and received by DMG on <br />November 19, 1993. A written response was received by AFO within the required <br />10 days. <br />AFO finds that the DMG response to violation 1 of the TDN, which indicates that <br />the abatement requirements of the State NOV C-93-042 had been satisfied by <br />November 26, 1993, constitutes good cause for not taking further action. However, <br />due to the length of time this violation remained unabated it will be referred to <br />Dennis Byrnes of this office for further programmatic review. <br />DMG' response to violation 2 of the TDN indicates that the operator was required, <br />by the State NOV C-93-044, to submit a complete technical revision application <br />addressing the vegetative stabilization of road fill slopes. This was required <br />though the current permit addressed revegetative requirements for disturbed areas. <br />On November 23, 1993, the revision was eventually approved. <br />