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III IIIIIIIIIIIIIIII <br />tlnited States lleparlrrlell~ of the Interior <br />OFFICE OF SURFACE ALINING <br />RECLAMATION AND ENFORCEMENT <br />SUITE 310 <br />625 SILVER AVENUE, S. N'. <br />ALBUQUERQUE, NEt1' MEXICO 87102 <br />March 1, 1990 <br />~_ <br />~~_ <br />-~ ~ <br />In Rcply Refer Ta: <br />a" : t~ c =~ <br />G"~.. ~: ~. ~. <br />1~1AR 7 '~33b <br />MItJ~D :aibC• <br />A nn. <br />fiRF TIC , . <br />Mr. Michael B. Long, Coal Program Supervisor <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />Re: Ten-Day Notice 90-02-107-2, CCMC No. 1 Mine <br />Dear Mr. Long: <br />The following is a written finding, in accordance with 30 CFR 842.11, <br />regarding the Colorado Mined Land Reclamation Division's (MLRD) response <br />to the above-referenced Ten-Day Notice (TDN). <br />The TDN was issued for the operator's alleged failure to demonstrate <br />that the west undisturbed runoff diversion was no longer needed before <br />it was removed. <br />The MLRD response indicates that the "permit defect" resulted from the <br />Division's inadvertent approval of backfilling the diversion ditch as <br />part of the revised reclamation plan. The MLRD response further <br />indicates that the operator will be required to correct the permit <br />defect by replacing the diversion or enlarging the pond. <br />The AFO inspector reviewed the revised reclamation plan in the <br />Walsenburg County Court House as part of the random sample inspection. <br />The review indicated that the reclamation of the west diversion is part <br />of the approved reclamation plan. <br />The MLRD written response does not specify the period of time that will <br />be required to correct the situation. However, Rade Orell of AFO was <br />advised during a February 28, 1990, telephone conversation with Mike <br />