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•- III IIIIIIIIIIIIIIII ~~ ,~._ PRIDE INS United States Department of the Interior ahtE~ OFFICE OF SURFACE MINING Redamauon and Enforcement ~ ~ w,vr~var~vn ro~ Suite 1200 505 Marquette Avenue N.W. Albuquerque, New Mexico 87102 July 23, 1993 I~Er,ElvEo • JUL 2 g 1993 Mr. Steven G. Renner, Coal Program Supervisor O~V41pj ""~""eij~~ ~~ ~:;i,;~,y}, Division of Minerals and Geology 1313 Sherman St., Room 215 Denver, CO 80203 RE: Ten-Day Notice (TDN) No. 93-020-244-01, TV-1, Rienau #2, Meeker Area Mines, Enron Coal Company Dear Mr. Renner: The following is a written finding in accordance with 30 CFR 842.11, regarding the Division of Minerals and Geology's (DMG) response to the above-referenced TDN. The TDN was sent June 29, 1993, via certified mail, and received in your office on July 2, 1993, thereby setting the response due date at July 13, 1993. DMG's response to the TDN was received via telefax on July 13, 1993. The hard copy of the response, dated July 8, 1993, was received July 15, 1993. The Albuquerque Field Office (AFO) considers this a timely response. The TDN was issued to the State of Colorado for the operators "Failure to follow the approved post mining land use as required by Colorado Rule 2 CCR 407-2, Section 4.16.1 (1)." During an administrative review of correspondence dated March 3, 1993, from the AFO Director to the DMG regarding the Phase II Bond Release application, AFO noted that the Division did not respond to AFO's comment about the change in land use from grazing\wildlife to recreational\residential. The land use change on the #1 mine complex is needed for the office pad and parking lot that was left on the mine. The operator has not requested apost-mining land use to be compatible with the office pad and parking lot reclaimed land use. This resulted in the issuance of the TDN referenced above for a violation of the Colorado rules. DMG has indicated in the response to the TDN that the mine plan is in conflict with the Colorado regulation. The Division notified the permittee that a revision to the permit must be submitted within thirty days to address this permit defect.