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1 <br />111 IIIIIIIIIIIII III <br />999 <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT <br />SUITE 310 <br />625 SILVER AVENUE, S.W. <br />ALBUQUERQUE, NEW MEXICO 87102 <br />May 1, 1991 <br />1~~_~ <br />s <br />~ ~ <br />lu Reply Rrfei To'. <br />CERTIFIED MAIL - RETURN RECEIPT REQUESTED r-,~ -"` °"' <br />P 965 799 182 ~ °~~' -- <br />' ""~ 1991 <br />Mr. Steven G. Renner Coal Program Supervisor <br />Mined Land Reclamation Division ~, nd <br />Department of Natural Resources ~~ <br />215 Centennial Building Rec«~~,, .. .-fvisiow <br />1313 Sherman Street <br />Denver, CO 80203 <br />Re: Ten-Day Notice (TDN) No. 91-2-116-4 TV3 Grassy Gap No. 1 Mine, <br />Rockcastle Coal Company <br />Dear Mr. Renner: <br />In accordance with 30 CFR 842.11, the following is a written finding <br />regarding the Mined Land Reclamation Division's (MLRD) amended response <br />to the above TDN: <br />The Albuquerque Field Office (AFO) received MLRD's initial response to <br />the above-noted TDN via telephone on April 4, 1991, followed by MLRD's <br />written response received on April 5, 1991. MLRD's amended response was <br />received by AFO on April 26, 1991. AFO considers this a timely response <br />to the TDN. <br />Violation 1 of 3 of the TDN was issued for "Failure to maintain the <br />entire bond amount required by the approved permit until such time as a <br />bond release is authorized under Rule 3.03. Location is the entire <br />Grassy Gap No. 1 bonded area." <br />MLRD has indicated that bond adjustment procedures will be re-evaluated, <br />AFO will be advised of the findings, an attempt will be made to clarify <br />the outstanding concerns with AFO, and a bond reinstatement may be <br />initiated if determined necessary. AFO has reviewed MLRD's response and <br />finds merit in the request concerning the need for further review in <br />this matter. 30 CFR 842.11(b)(1)(ii)(B)(4) authorizes OSM to find the <br />State's response to be good cause for not taking action at this time if <br />the regulatory authority requires a reasonable and specified time to <br />determine if a violation of the State program exists. As noted in <br />MLRD's response, the violation identified in this TDN was also discussed <br />during the recent oversight meeting between AFO and MLRD on <br />April 10, 1991. During those discussions, MLRD agreed it was <br />inappropriate to reduce bond for reclamation work completed and that it <br />