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United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />RrrJamation and Enrortwrnt <br />suite 1200 <br />505 Marquette Avenue N.W. <br />A16uquerquc, Ntw Maico 87107 <br />1111111111111111111 ~y~ <br />RFC:Eivi= <br />MAY 1 1 1995 <br />:JIVISIU~ rJl rvillleldl5 24 lil;UIUUY' <br />May 5, 1995 <br /> <br />Ms. Susan McCannon <br />Program Supervisor, Regulatory <br />Division of Minerals and Geology <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Re: Division of Minerals and Geology's (DMG) response to Ten-Day Notice <br />(TDN) X94-020-179-9-001 TV-2 Raton Creek Mine (C-82-055), Energy <br />Fuel Mining Company. <br />Dear Ms. McCannon: <br />In accordance with 30 CFR 842.11, the following is a written finding regarding the <br />Division of Minerals and Geology's response to the referenced TDN which was <br />received in this office via fax on April 26, 1995, within the 10 day period. <br />Part One of the TDN pertains to failure to restore the stream channel to near- <br />original condition as per Section 4.05.4(4). It refers to the culvert section of the <br />stream channel diversion which, according to the permit, is eight feet in diameter <br />and 675 feet in length. Section 4.05.4(4) requires a permanent stream channel to <br />be reclaimed so as to restore or approximate the pre-mining characteristics of the <br />original stream channel including the natural riparian vegetation to promote the <br />recovery and the enhancement of the aquatic habitat. The culvert does not meet <br />this requirement. DMG in the written findings for bond release appears to have <br />granted a variance to the Approximate Original Contour (AOC) requirements (or the <br />area by inappropriately applying the Steep Slope criteria found in section 2.06.5. <br />Therefore, the Albuquerque Field Office (AFO) finds that DMG's response to Part <br />One of TDN X95-020-179-001 is arbitrary, capricious and an abuse of discretion; <br />and is, therefore, inappropriate. <br />Part Two of TDN X95-020-179-001 was written for failure to restore disturbed <br />areas to AOC; specifically, the west and south slopes of the refuse pile and the <br />