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<br />Susan J. McCannon <br />2 <br />DMG has determined that ponds 1 and 8 do not have adequate storage to control <br />the runoff from a 25-year, 24-hour precipitation event. Since the construction of an <br />impoundment and its spillway is an on-the-ground performance standard, it cannot <br />be labeled a permit defect. As stated in paragraph 5 of OSM Directive INE-35, <br />enforcement action by the State regulatory authority is required. I find your <br />response pertaining to ponds 1 and 8 to be arbitrary and capricious and, therefore, <br />inappropriate. <br />If you disagree with the above finding, you may request an informal review in <br />accordance with 30 CFR 842.11(b)(1)(ii)(A). The request may be filed with this <br />office or with the Deputy Director, Office of Surface Mining Reclamation and <br />Enforcement, 1951 Constitution Avenue, N.W., Washington, D. C., 20240. Your <br />request must be received within 5 days of receipt of this letter. A Federal <br />inspection may be conducted after the 5-day appeal time has elapsed, unless an <br />informal review is requested. <br />Sincerely, ' <br />`J J <br />d <br />Thomas E. Ehmett, Acting Director <br />Albuquerque Field Office <br /> <br />