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1 r~ .^! III IIIIIIIIIIIII III United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement N'ashinGton, D.G. 20?40 ~1 4 19~ Mr. Steven G. Renner Coal Program Supervisor Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado0203 Dear Mr. Renner: QFCEIVED JAN 0 9 1995 ~~isio~~ u. ~~,~nerais & Geology This is in response to your letter of May 5 requesting informal review of the Albuquerque Field Office (AF0) Director's April 26 determination that your agency did not take appropriate action or show good cause for inaction with respect to ten-day notice (TDN) number 91-02-116-05, American Shield Coal Co., Fruita Mine, permit number 79-60. The violation alleged in the TDN a failure to backfill and grade all spoil material to eliminate all highwalls and return the disturbed area to approximate original contour. The TDN was issued to your agency in 1991. The AFO's original determination that your agency's actions were inappropriate in response to the TDN was affirmed by this office pursuant to an earlier request for informal review. Shortly after our decision on that first request, your agency issued a Notice of Violation (NOV) which precluded the need for Feder?! enforcement action at that time. Your agency subsequently entered into a number of NOV settlement agreements and modifications with American Shield aimed at resolving the issue of what extent additional highwall elimination was necessary. However, in December 1993 all agreements were apparently withdrawn and your agency proceeded to issue afailure-to-abate cessation order (FTAC0) to the company. In April 1993 the AFO rendered a new determination that your response to the TDN was inappropriate because your agency did not institute alternative enforcement against American Shield as required under the Colorado program for any FTACO that remains unabated for more than