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. .i STATE OF COLOIZP~DO DIVISION OF MINERALS AND GEOLOGY Depanmenl of Natural Resources 111 7 Sherman 51 , Room '.I S Denver, Colorado 80203 Phune.(3071866-3567 FAX~1307183LR106 May 5, 1994 Mr Thomas Ehmett Acting Director Office of Surface Mining Albuquerque Field Office 505 Marquette Avenue NW Suite 1200 Albuquerque New Mexico 87102 RE: Fruita Mine Ten-Day Notice 91-02-116-05 Dear Mr. Ehmett: ~~~~~~ DEPARTMENT OF NATURAL RESOURCE Rul Ruiner Goccrnnr Kan S,rla nu Evv ui u• Unn mi nr~r h.re~U Ir,n~ om.u.n Duri iw On April 28, 1994 the Division of Minerals and Geology (Division) received a finding of an inappropriate response regarding the above referenced Ten-Day notice from the Albuquerque Field Office (AFO). In accordance with 30 CFR 842.11(b)(1)(A) Colorado requests an informal review of this determination by the Deputy Director. Colorado disagrees with the AFO determination that the Fruita Mine does not qualify for the exemption applicable to continuously mined areas at underground operations. It is well documented that there has been on-going reclamation and permitting activities at this site into the 1990's. The AFO interpretation of the Colorado Rules essentially defines reclamation activities at a mine site as an activity other than surface mining. Specifically, the AFO quotes from the preamble to the final rule approving the amendment: "unless an underground OPERATION began prior to August 3, 1977, and continued OPERATIONS into permanent program approval..." (emphasis added). Apparently, the AFO believes that the word "operations" is synonymous with extraction, and does not contemplate reclamation activities. However, the Colorado Rules for Coal Mining define Surface Coal Mining Operations as "Activities conducted on the surface of lands in connection with a surface coal mine or activities subject to the requirements of Section 34-33-121 of the Act...". The Act at Section 121 defines reclamation requirements at underground mines in Colorado. Therefore, Colorado interprets its Rules to mean that reclamation operations are considered to be surface coal mining operations, and are subject to regulation under the Act. As such, a mine such as the Fruita Mine, which began operations prior to August 3, 1977 and concluded reclamation after permanent program approval, is eligible for the exemption for complete elimination as provided