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~.: III I II III IIIIIIIIII TAIQ United States Department of the Interior OFFICE OF SURFACE MINING ~ RECLAMATION AND ENFORCEMENT ~ i SUITE 310 625 SILVER AVENUE, S.W. In Reply Rrfrr To: ALBUQUERQUE, NEW MEXICO 87102 July 24, 1991 ~~ l,-,, ~~ /y .`~ .. it '~ T a '1 ~ l! J ~~i . f. l Mr. Steven G. Renner Coal Program Supervisor JUL 2 6 1991 Mined Land Reclamation Division Department of Natural Resources I~IneG Laf1G 215 Centennial Building Reclamation Division 1313 Sherman Street Denver, CO 80203 Re: Ten-Day Notice (TDN) No. 91-02-116-5 (TV3), Fruita No. 1 and No. 2 Mines, American Shield Coal Company Dear Mr. Renner: The following is a written finding, in accordance with 30 CFR 842.11, regarding the Mined Land Reclamation Division's (MLRD) response to the above-referenced TDN. On June 4, 1991, the Albuquerque Field Office {A FO) conducted a random sample inspection of the Fruita Mine, The AFO inspector was accompanied by an MLRD inspector. The inspection resulted in the issuance of the TDN referenced above for alleged violations of the Colorado rules. The TDN was dated July 2, 1991, and was received by MLRD on July 5, 1991. AFO received MLRD's response on July 15, 1991; therefore, AFO will consider this a timely response. Alleged violation No. 1 cites Colorado Rule 4.14.1(2)(a) as the Rule violated. This Rule states: "(a) Except as specifically exempted in these Rules, all areas disturbed by surface coal mining operations shall be returned to their approximate original contour. All spoil shall be transported, backfilled, segregated and compacted where needed to insure stability or prevent leaching of toxic materials and graded to eliminate all highwalls, spoil piles, and depressions." MLRD's response states, in part: "It is our position that the Cameo Seam Portal Area has been reclaimed in accordance with the approved plan, and the final