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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: 13031 866-3 567 <br />FAX: (3031 83 2-81 06 <br />October 13, 1994 <br />Mr. Mitchell S. Rollings <br />Reclamation Specialist <br />Office of Surface Mining <br />Albuquerque Field Office <br />505 Marquette Avenue, NW <br />Suite 1200 <br />Albuquerque, NM 87102 <br />~~ <br />DEPARTMENT OF <br />NATURAI <br />RESOURCE <br />Roy Romer <br />Q Governor <br />O lames 5 LochheaA <br />/0 /3 9 L.e~~nve Dnttior <br />Michael8 Long <br />Dinaon Dueaor <br />Re: Ten-Day Notice X-94-020-370-002 TV 1 <br />Somerset Mining Company, DMG Permit No. C-81-022 <br />VIA FACSIMILFJU.S. MAIL (Certified) <br />Dear Mr. Rollings: <br />This letter constitutes the Division of Minerals and Geology (DMG) response to the Ten-Day <br />Notice (TDN) X-94-020-370-002 TV 1, received in our offices on October 3, 1994. The TDN <br />indicates the Albuquerque Field Office (AFO) position that the approved reclamation plan for the <br />Somerset Mining Company, Bear Creek portal area, does not comply with the ColoFado Rules <br />2.05.4(2)(c), 2.06.5(2), and 4.14.1(2)(a). These regulations pertain to the Approximate Original <br />Contour (AOC) variance requirements. Based upon conversations with AFO personnel, it is our <br />understanding that the specific AFO concerns are that the approved AOC variance for the Bear <br />Creek portal location does not include (1) a proper end land use designation; (2) proper land- <br />owner concurrence documentation; and (3) a showing that all reasonably available spoil will be <br />utilized in reclaiming the Bear Creek portal area. <br />The approved permit contains and addresses the AOC variance for the Bear Creek portal area, <br />and actual backfilling and grading activities have not initiated; therefore, the DMG does not <br />prefer to pursue an enforcement action at this time. However, these matters may constitute <br />permit defects, as defined within Office of Surface Mining (OSM) Directive INE-35 (Section 3 <br />Defuritions; (g) Permit Defect), and we propose that the situation should be remedied by the <br />procedures specified within 1NE-35, Section 4 Policy/Procedures; (c) Procedures (5) Addressing <br />Permit Defects. <br />As such, we have notified Somerset Mining Company (letter dated October 13, 1994; copy <br />attached) that the approved Bear Creek portal area reclamation plan may not fully comply with all <br />provisions of the pertinent AOC and AOC variance regulations. The letter requires Somerset <br />