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I <br />Mr. Michael B. Long 2 <br />procedures if a FTACO remains unabated for more than 30 days. However, <br />Mr. Steven G. Renner, Coal Program Supervisor, has recently informed AFO that <br />DMG will not be pursuing alternative enforcement but, instead, will request the <br />Colorado Board to order the operator's bond be forfeited. <br />Both AFO and DMG have agreed that the current bond of $36,000 is insufficient to <br />reclaim the Fruita minesite to the required standards of the Colorado program as <br />required by the Deputy Director's decision of August 16, 1991. Pursuit of the <br />alternative enforcement provisions of Colorado's Program could, however, compel <br />performance by the operator to return the site to its approximate original contour. <br />Therefore, until all available avenues have been pursued, forfeiture of an <br />insufficient bond alone would be considered to be inadequate to cause the violation <br />to be corrected and to be an inappropriate action by DMG. <br />Alternative enforcement, as found in Colorado's program, consists of the following: <br />Individuai Civil Penalties (Section 34-33-123(10)); Injunctive Relief (Section 34-33- <br />123(12)); Criminal Penalties (Section 34-33-123(9)); and Permit <br />Suspension/Revocation (Section 34-33-123(7)). Permit Suspension/Revocation is <br />not a viable option in this instance in that a permanent program permit was never <br />issued for Fruita and a pattern of violations has not been found. <br />AFO's follow-up inspection of the Fruita minesite has been held in abeyance since <br />September 24, 1991, on the premise that DMG's NOV would cause the violation to <br />be corrected. The final phase of the process to compel compliance to a NOV is <br />the alternative enforcement provisions discussed above. Therefore, AFO requests <br />'that DMG inform this office within five days of receipt of this correspondence of the <br />- alternative enforcement procedures DMG will be pursuing and the schedule of their <br />implementation in order for OSM to determine if further Federal action is <br />necessary. <br />If you have any questions regarding this matter, please feel free to contact me at <br />(505) 766-1486. <br />a~ <br />Sincerely ~~b <br />~ r: <br />a~5 `,?.; <br />®n9n ` ~, <br />~OOEq-. <br />Robert H. Hagen, Director <br />Albuquerque Field Office <br />