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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />131 J Sherman SI., Room 215 <br />Denver, CO 80203 <br />Phone: IJO J1 8663567 <br />FA%: (3071 BJ2-8106 <br />February 21, 1994 <br />Mr. Robert Hagen <br />Office of Surface Mining <br />Albuquerque Field Office <br />505 Marquette Ave Suite 1200 <br />Albuquerque New Mexico <br />87102 <br />~~ :' ~Y <br />OF'~~(O <br />,,~ 4 <br />,~ b <br />o <br />.. <br />~ 1B]6 ~ <br />Roy Romer <br />Governor <br />Michael B Long <br />Drvis~on Dveaor <br />RE: Ten-Day Notice 91-02-116-05, Fruita Mines No. 1 and 2 <br />Dear Mr. Hagen: <br />On February 16, 1994 the Division received your correspondence <br />pertaining to the above referenced Ten-Day Notice. In its <br />correspondence, the AF0 requested that the Division determine <br />which form of alternative enforcement it would pursue in regard <br />to the Fruita Mines. The AFO correspondence addresses various <br />portions of the Colorado regulations pertaining to alternative <br />enforcement, and states that .the bond cannot be. forfeited because <br />a pattern of violations has not been found. <br />The Division is concerned that in its correspondence, the <br />Albuquerque Field Office has mis-interpreted the requirements of <br />the Colorado Regulations, and thus inappropriately requests the <br />State to take specific measures while ignoring other options <br />available to the State in conformance with the Regulations. It <br />is the position of Colorado that as the Regulatory Authority, the <br />State may exercise its discretion in the implementation of the <br />program in instances where the reyuiaticns provide appropriate <br />alternatives. <br />The Colorado Rules for Coal Mining implement the provisions of <br />the Colorado Surface Coal Mining Reclamation Act. The Rules at <br />Section 5.04, which implement the statutory citations contained <br />in the AFO correspondence, clearly provide the State appropriate <br />discretion in their implementation. The Colorado Rules state <br />that, regarding each of the alternative enforcement options <br />available to it, the Division may exercise its authority to <br />proceed. The State asserts that it has been provided the <br />statutory authority by the Act, and the regulatory authority <br />provided by the Cooperative Agreement, to exercise this <br />discretion. <br />_ ...~.., <br />