Laserfiche WebLink
, <br />~II ~I~II~~I~I~~~ ~II <br />United States Department of the Interior ~~ <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT ~ ~ <br />SUITE 310 <br />625 SILVER AVENUE, S.W. In Reply Rrfei ~o: <br />ALBUQUERQUE, NEW MEXICO 87102 <br />May 29, 1991 <br />~~~~/ ~~ <br />Mr. Steven G. Renner, Coal Program Supervisor ~A Y 3 1 1981 <br />Mined Land Reclamation Division ~In <br />Department of Natural Resources ~eC~amatio~Cand <br />215 Centennial Building ~iVis/on <br />1313 Sherman Street <br />Denver. CO 80203 <br />Re: Final Response to Ten-Day Notice (TDN) No. 91-02-244-8 (TV-1), <br />Bourg Strip Mine, Walden Coal Company, <br />Dear Mr. Renner: <br />On April 29, 1991, the Albuquerque Field Office (AFO) made an initial <br />finding, in accordance with 30 CFR 842.11, regarding the Mined Land <br />Reclamation Division's (MEAD) first response to the above-referenced <br />TDN. <br />In that finding, AFO found the State's response of April 11, 1991, to be <br />good cause for not taking action due to the need for additional time by <br />the State to determine if a violation of the State program existed. AFO <br />granted MLRD an additional 15 days after receipt of the April 26, 1991, <br />finding letter to provide AFO with information regarding the alleged <br />violation for failing to maintain Phase II performance bond. MLRD was <br />also asked to take no further steps in the bond release process for the <br />mine until the matter was resolved. <br />AFO's initial finding of April 29, 1991, regarding the TDN was received <br />in the MLRD office by certified mail on May 1, 1991. MLRD's response to <br />that finding was received in AFO via telefax on May 15, 1991. AFO will, <br />therefore, again consider this a timely response to the TDN. <br />The TDN was issued for "Failure to maintain a minimum of 40 percent of <br />the approved bond amount after a Phase I bond release but prior to <br />obtaining a Phase II bond release for the permit area as required by <br />Colorado Rule 2 CCR 407-2, Section 3.03.1(2)." The bond adjustment of <br />December 7, 1990, was referenced in the TDN. <br />In the second response, MLRD has indicated that the existing bond of <br />$214,400 on file for the operator after the Phase I release will not be <br />reduced. The finding for a reduction in that bond by the Division on <br />December 7, 1990, to a proposed $96,000 level for other reclamation work <br />