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However, in December 1993 all agreements were apparently withdrawn and 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