ENFORCE36532 - Laserfiche WebLink

Home Browse Search

United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement WASHINGTON. D.C. 20240 NOV 13 1991 Mr. Steven G. Renner Coal Program Supervisor Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Renner: III IIIIIIIIIIIIIIII 989 TA1lE~ ~ M~t~CCAs ~~ ~~ ^ RECEIVE NOV ]. 8 1991 Mined Land Reclamation Divisit,~ This is in response to your October 16, 1991, letter requesting informal review of the Albuquerque Field Office (AFO) Director's determination that yo r agency did not take appropriate action with respect to ten-day notice (TDN) numb 1-02-352-001, (Powderhorn Coal Company; Roadside/Cameo Mine). The TDN alle es that the permittee failed to reclaim an underground mine portal in a contemporaneous manner in violation of Colorado Rule 4.13. You explain that the reclamation plan includes a reclamation schedule chart for each of the seven areas contained within the mine complex. Your agency interprets the starting date for reclamation of any of the seven areas as beginning upon permanent cessation of all operations at the entire mine complex. You maintain that under this interpretation, the operator is in compliance with [he approved permit and thus, there is no, violation of a permit condition or State regulation. However, because a different interpretation of the reclamation schedule by the AFO and your agency has surfaced, you note that your agency has required the operator to revise the permit. This permit revision would clarify that reclamation must commence upon permanent cessation of any separate area within the mine complex rather than upon closure of the entire mine. In your response to the AEO, you did not explain that the reclamation schedule would be revised to reflect that reclamation for any given area must begin upon permanent cessation of operations in order to comply with Colorado Rule 4.13. Accordingly, I would agree with the AFO's determination based on the information you provided at that time. However, based on the new information you have provided in your request for review, I will consider your previous interpretation of the reclamation schedule to constitute a permit defect. Because you have now taken the appropriate action required to address such a defect, no Federal action is necessary. In closing, I note that in your letter to the operator requesting a revision to the permit, you indicate that your agency would entertain a delay m the initiation of