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American Shield Coal Company 10830 N. Central Expressway, Suite 175 Dallas, TX 75231 Fruita No. 1 & 2 Mines TDN 91-02-116-05 Follow-up Inspection March 11,1994 This Ten-Day Notice (TDN) follow-up inspection was conducted in response to the Division of Minerals and Geology (DMG) letter dated February 21, 1994 (attached), regarding the above TDN. The DMG letter was in response to an Office of Surface Mining Reclamation and Enforcement (OSM), Albuquerque Field Office (AFO) letter dated February 16, 1994 (attached), which outlined AFO's position regarding DMG's recent actions on the subject mines and DMG's contact with AFO regarding proposed additional actions on the mines. As a result of DMG's failure to initiate the alternative enforcement actions outlined in AFO's letter and required by the approved Colorado Regulatory Program, AFO scheduled the required follow-up inspection. As a result of the follow-up inspection, Notice of Violation 94-02-116-1 was issued because the violation cited in the above TDN still existed at the minesite. The violation is "Failure to transport, backfill, and grade all spoil material to eliminate all highwalls, spoil piles and depressions to return all disturbed areas to their approximate original contour." No work has been accomplished as required in the TDN noted above. This partial inspection was limited to follow-up observations of the violation cited in the TDN. The following additional observations were made on site. Access to the minesite is not restricted by any gates, fences, berms, etc. There is evidence of both vehicle and horse use of the access road all the way up to the Cameo Seam portal bench. There were firearms targets in two locations, the east embankment of the sediment pond and on the Cameo Seam Portal Bench with spent cartridges in both locations. There was also litter (empty snack packages, bottles, etc.) in both lacations. There is buried white PVC casing exposed south and adjacent to the mine entrance sign. It is unknown what the casing leads to or from. This concluded the inspection. Performance standards indicated as not applicable do not apply on site and those left blank were not evaluated.