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III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7373 Sherman St., Room 275 <br />Denver, CO 80203 <br />303 666-3567 <br />FAx: 303 632-8106 <br />pF CO(O <br />~~~~~~ <br />„~e% <br />8 ~ <br />.. <br />"rage' <br />Roy Romer. <br />May 14 , 1991 Governor <br />Fretl R Banta. <br />Division Director <br />Mr. Robert Hagen, Director <br />Albuquerque Field Office <br />Office of Surface Mining <br />Reclamation and Enforcement <br />625 Silver Avenue, S. W., Suite 310 <br />Albuquerque, New h~xico 87102 <br />Re: Ten Day Notice X91-02-244-7, Foidel Creek Mine (File C-82-056) <br />Dear Mr, Hagen: <br />We have refzived the AFO May 9, 1991 correspondence withdrawing the above <br />referenced Ten Day Notice. In regard to the AFO proposal to conduct a special <br />study to evaluate compliance with Rule 2.07,3 (4), I would like to reiterate <br />our interpretation of this regulation. Rule 2.07,3 (4) requires that copies <br />of permits, permit revisions and permit renewals must be on file at the County <br />offices during a permitting action until all public comment periods have <br />elapsed. After completion of the public comment period, a permittee may <br />remove the application from the County building. That is, during a permitting <br />action, a copy of the appl ication or revision materials must be on file with <br />the county for public review and reproduction. <br />Colorado Rule 5.02,4(1) requires that all operators maintain all records and <br />information required by the rules such that they are available to the public <br />during the life of the facility. We interpret, this to mean that information <br />required by the Rules includes permit documents, <br />The scope of the special study as it pertains to Rule 2,07,3(4) shoul d be <br />limited to permitting actions in progress at the time of the evaluation. <br />Scoping the study in this vein is consistent with the re cent 733 petition <br />response. It is also consistent with the intent and meaning of Rule <br />2,07,3(4). <br />Please contact me if you have questions or comments, <br />Sincerely, <br />Steven G. Renner <br />Coal Program Supervisor <br />SGR/lac <br />CC: Dave Berry <br />Jim Stevens <br />5564E <br />