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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 67102 iii iiiiiiiiniii iii r•~~ ~A ~ -_ ~ ~ In Reply Refer To: July 21,~~C~~~~'® JUL 2 ~ 1989 MINED LAND RECtAMA710N DlV!S!O~J Mr. Mike Long, Coal Program Supervisor Mined Land Reclamation Division Department of Natural Resources 215 Centennial Building 1313 Sherman Street Denver, CO 80203 Re: Ten-Day Notice 89-02-370-002, North Thompson Creek Mine Dear Mr. Long: The Albuquerque Field Office (AFO) received your supplemental response to the above-referenced Ten-Day Notice (TDN) on July 20, 1989. The following is a written finding, in accordance With 30 CFR 842.11, regarding the Mined Land Reclamation Division's (MLRD) response to the TDN. Violation No. 1 was issued for failure to properly construct a diversion. The Mining and Reclamation Plan did not contain approved designs for the diversion. MLRD required the permittee to submit the required designs, thus correcting the permit defect, by July 15, 1989. MLRD also field-checked the diversion as to the carrying capacity of the structure in relation to the 2-year precipitation event and found it to be adequate. AFO, therefore, finds that MLRD has taken appropriate action to cause the violation to be corrected. Violation No. 2 was issued for failure to properly backfill the mine portals. Subsequent to the issuance of the TDN, MLRD contacted the operator and established that the features identified in the TDN have been repaired. AFO finds that MLRD has shown good cause for failure to take action to have the violation corrected. MLRD should field-verify the condition of the minesite prior to indicating its compliance with the State program. These inspections should be conducted within the 10-day notice period.