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III IIIIIIIIIIIII III <br />United States Department of the Interior <br />RFCF;'~.!~ C <br />OFFICE OF SURFACE MINING <br />Reclamation and En(orccmrnt <br />$uim lzoa <br />505 Muquerte Avcnu< N.W. <br />Albuquerque, New Maico 87102 <br />August 18, 1994 <br />CERTIFIED RETURN RECEIPT # P 293 286 B28 <br />Mr. Michael B. Long, Director <br />Division of Minerals and Geology <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Dear Mr. Long: <br />AUG ~., 1994 <br /> <br />Permit: C-012-81 <br />Mine Name: New Elk <br />The enclosed Office of Surface Mining Reclamation and Enforcement (OSM) <br />inspection report identifies (a) violation(s) that (is) are considered <br />to have existed at the time of the last State complete inspection (LSCI) <br />but had not been cited. <br />Date of Federal Inspection: 8/12/94 Date of LSCI: 5/9/94 <br />The determination that the State did not cite the violation(s) is based <br />on one or more of the following reasons: <br />The condition was identified in a State inspection report but no <br />State enforcement action was taken. <br />Design criteria or required certification has not been met for a <br />structure in existence as of the last State complete inspection <br />(sediment pond, excess spoil fill, etc.l. <br />Necessary controls that were required at the time of the last <br />State complete inspection have not been established (diversion <br />ditches, sediment ponds, top soil protection, signs and markers, <br />etc.). <br />X Site conditions indicate that the violation(s) noted had been in <br />existence at the time of, or prior to, the last State complete <br />inspection. [Failure to Pass] <br />Other: <br />Although the violation(s) was(werel cited by the State, or was(were) <br />abated during a joint inspection, OSM believes that the violation(s) <br />was(were) evident during the last State complete inspection. <br />