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:..d~''~~il!91 15:17 USDI OSMRE%RFO F70.~~l~4 88. Steven G. Renner 3 of 4 - MLRD is to submit additional information within 10 days from receipt of AFO's April 22, 1991, letter. MLRD wished clarification and time to review the issue raised by this violation. 4 of 4 - The summary of the June 20, 1990, quarterly meeting that was sent to Fred Banta on July 5, 1990, stated "AFO believes that self-insurance would be allowable if appropriate regulations were promulgated for the State program. The self-insurance question will be incorporated as an element of the 1991 annual report workplan." The 1991 Workplan, as amended March 4, 1991, lists liability insurance as an evaluation topic under the mining oermit aRQllcations. The April 22, 1991, AFO finding of an inappropriate response to the Ten-Day Notice (TON) states "AFO agrees that this issue has been identified as an element of the 1991 Workplan. This identification of an issue for Workplan does not preclude an enforcement action even if violation will eventually be addressed by the results o Workplan. In essence, the violation exists in the fief must be cited. Acknowledgement of an issue for a Workplan noes not alleviate the need to take action if field conditions indicate that a violation of the regulations exist." I find nothing in the record that would change the April 22, 1991, finding. Although the use of the words "self-insurance question" in the July 5, 1990, letter may indicate an uncertainty on AFO's part, it is believed that the prior sentence in that letter clearly states AFO's position on the acceptability of self-insurance under Colorado's program as it is presently written. The "question" is one of how widespread the use may be and what actions should be taken to amend the State program to allow the use of self-insurance in the future. Designation of this as a programmatic issue and use of an approach other than a TON is not considered to be appropriate at this time. OSM Directive INE-35 describes the circumstances under which a TDN should not be issued for a programmatic iss~~ as follows: "When a 732 letter has been issued or the writte~~ schedule committed to by the State regulatory authority 1s being met, Field Offices shall notify the regulatory authority in writing of any additional violations observed during Federal i~ section which are subject of the program amendment and which m~., require appropriate action to be taken after the State has amended its program."