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<br />-~~ 999 ~~ <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT ~ i <br />SUITE 310 <br />625 SILVER AVENUE, S. W. In R ly Rdn To: <br />ALBUQUERQUE, NEN' MEXICO 81102 `p <br />MAP, 2 ~ 1989 NEO <br />;t. i, 1' <br />Mr. Mike Long, Coal Progren Supervisor ~''~r '= ~~~9 <br />Mined Land Reclamation Division <br />Department of Natural Resources -'•'•~~~ <br />215 Centenninl Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />Re: State Response, TDN No. 89-02-244-2, Trinidad Basin Mining <br />Dear Nr. Long: <br />The following is a written finding in accordance xith 30 CFR 842.11 <br />regarding the Mined Land Reclamation Divisions's (NERD) response to the <br />above-referenced Ten-Day Notice (TDN). <br />On March 1, 1484, the Albuquerque Field Office (AFO) reviexed MLRD's <br />inspection report of Jenuarl' 10, 1989, that noted a violation had <br />occurred on the mine. Following this Office's review of that report and <br />ensuing phone cells with HERD staff, the TDN was issued for the alleged <br />violation of the Colorado regulations. MLRD received the TDN via <br />certified mail March 3, 1989. AFO received your phone call on March 13, <br />1989, notifying us of your intent to respond in writing and the nature <br />of the response. The written response was received in this office on <br />March 20, 1989. The response was timely. <br />The TDN was issued for failure to pass disturbed area drainage from the <br />southwest corner of the permit area through sediment pond 15-P2, in <br />accordance with the requirements of CCMR 4.05.2(1). <br />The MLRD response confirms the fact that the area in question is still <br />in violation, but the operator is under Court order not to trespass on <br />the landowner's property. AFO recognizes the jurisdiction and ensuing <br />order by the Court not to trespass. In this case, it would seem that no <br />alternative is available at this time for the operator to abate the <br />violation if it xere xritten. Therefore, AFO makes the finding that <br />MLRD's response is not arbitrary, capricious, or an abuse of discretion <br />under the State program. <br />Sincerely, <br />Robert H. Hag Director <br />Albuquerque ,ie d Office <br />