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iii iiiiiiiiiiiu iii <br />999 <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-3567 <br />FA%:(3031832-8106 <br />November 22, 1993 <br />Mr. Thomas Wright <br />Office of Surface Mining <br />Reclamation and Enforcement <br />505 Marquette, Suite 1200 <br />Albuquerque, NM 87102 <br />RE: Response to Federal Ten-Day Notice Number X-93-020-190-06 TV2; <br />Basin Resources, Inc., New Elk Mine, Colorado Permit No. C-81-012. <br />Dear Mr. Wright: <br />On November 19, 1993, the Colorado Division of Minerals and Geology received <br />TDN No. X-93-020-190-06 TV2. At this time, we would like to respond to Part 2 <br />of the TDN. <br />of cO~o <br />ti~ 4 <br />Me <br />.~. <br />/B]6 ~ <br />Roy Romer <br />Governor <br />Michael B. Long <br />Division Dneclor <br />First, it is stated in the TDN that Colorado NOV C-93-044 was included in the TDN because <br />the NOV "had exceeded 90 days and rrquirled no technical approval for abatement." <br />However, NOV C-93-044 did require a technical revision for abatement. In the "Steps <br />Necessary to Abate Violation" section on page two of NOV C-93-044, it is stated that the <br />operator must "submit a complete technical revision application addressing vegetative <br />stabilization of road fill slopes...". As a result, Technical Revision No. 28, submitted on <br />May 24, 1993, was reviewed, and received a proposed approval on November 8, 1993. The <br />final approval, if there are no public comments on the proposed decision, will occur on <br />November 23, 1993. <br />Second, the Division Director gLanted a request for extension for NOV C-93-044 on <br />October 27, 1993, from October 29, 1993 to December 10, 1993, so that Basin Resources <br />would have sufficient time to perform the abatement work required by Technical Revision <br />No. 28 (a copy of this extension is enclosed). As such, we believe that the Division is <br />currently addressing the violation of Rule 4.03.2(3)(d)(x) cited in the TDN. <br />STATE OF COLORADO <br />