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h <br />IN REPLY DEFER TO: <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />P.O. Box 46667 <br />Dem~er, Colorado 80?01-6667 <br />FEB 12 2001 <br />Mr. Dave Berry, Program Supervisor <br />Division of Mining, Reclamation and Safety <br />1313 Sherman Street, Room 215 - --~ <br />Denver, Colorado 80203 <br />Dear Mr. Berry: <br />l ~~~~~ <br />~G~ ,~~oo~ ~ , <br />1 \M1ma"° ~'~~ <br />`~ , et~oc•Satel`I <br />a.,~ <br />As a result of the recent complaint alleging subsidence damage caused by Basin <br />Resources' Golden Eagle Mine, the Office of Surface Mining (OSM) recognized that the <br />Colorado regulatory program does not have a counterpart to 30 CFR817.121(c)(5). This <br />regulation requires, ifsubsidence-related material damage occurs to land, structures, or <br />facilities protected under 30 CFR 817.121, the regulatory authority must require the <br />permittee to post additional performance bond in the amount of the estimated repair costs <br />or diminution in value. Previously, by letter dated June 5, 1996, pursuant to 30 CFR <br />732.17, OSM informed DMRS of changes to its program which maybe required as a <br />result of Federal regulations promulgated pursuant to Section 720 of SMCRA. Among <br />other requirements, 30 CFR 817.121(c)(5) was listed. Colorado had existing regulations <br />consistent with 30 CFR 817.121 (c)(1) and (2). The Federal regulations at 30 CFR <br />817.121(c)(4)(i) through (iv) were suspended and no longer required. However 30 CFR <br />817.121(c)(5) remains a requirement for Colorado. <br />Therefore, under 30 CFR 732.17, OSM is requiring that within 10 days, Colorado submit <br />either a proposed written amendment or a description of an amendment and timetable for <br />submission. Colorado could also respond with an explanation of existing authority <br />consistent with 30 CFR 817.121(c)(5). <br />If you have any questions about this requirement, call Jim Fulton at 303-844-1400, ext. <br />1424. <br />fl~ <br />Allen D. <br />Regional <br />United States Department of the Interior <br />TAKE PRIDE®~~~ <br />~NAMERICA-~„~ <br />