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f~ <br />C~ <br />J <br /> <br /> <br /> 1 <br /> . <br /> ~ <br /> <br /> <br /> <br />iiiiiiiiiiiiii <br />999 uiii <br /> <br />s <br />~ ~ <br />^ <br />United States Depanment of the Interior <br />OFF]CF OF SISAFA~ K1t31NG <br />REQAMATIOI• AND ENFOit~NT <br />SUI7E !TO <br />625 SILVER AVENUE. S.M'. <br />ALBUQUERQUE, NEM' MEX1C,O 8710." <br />ltap 10, 1990 <br />• <br />• <br />CERTIFIED !TAIL--RETURN RECEIPT REQUESTED <br />P 465 798 948 <br />Mr. Michael B. Long, Coal Progzam Supervisoz <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Shezman Street <br />Denver, CO 80203 <br />Re: ?en-Day Notice 90-02-244-4 <br />Dear Mr. Long: <br />M ~Y ire Ta <br />~~~: ~~' <br />Av ,, ,~ <br />i~iily ~~, <br />In accordance with 30 CFR 842.11, following is a written finding <br />regazding the Mined Land Reclamation Division's (HLRD) response to the <br />above Ten-Day Notice (TDN): <br />7n Harsh _^0 _ad 21, 1990, the Albuquerque Field Office (AFO) conducted a <br />random sample oversight inspection of Colorado Yampa Loal Company's <br />Energy No. 3 mine; the OSY, inspector vas accompanied by an MLRD <br />repzesentative. Tne inspection resulted in the issuance o_° TDN 90-02- <br />244-4 dated Harsh 26, 1990. The TDN vas sent by certified mail and !"'an <br />received it on April 9, 1990. HI.RD's initial response to the TDN vas <br />received by telephone from Jim Stevens to Gary Friu on April 18, 1990. <br />Your office's written response regarding the TDN vas received on April <br />20, 1990. AFO will consider this a timely response to TDN 9U-02-244-4. <br />the TDN cites Colorado regulation CCR 4.07-2 Section 4.09.1(11) as the <br />regulation believed to have been violated for violation 1 of 2. Tne TDN <br />states that the operator failed to inspect and certify an out-of-pit <br />spoil disposal area on a quarterly basis and during critical <br />construction phases. <br />Your office has responded by indicating that the out-of-pit spoil dump <br />vas coastzueted prior to approval of the permanent State program. As a <br />result, it vas specifically exempted by HLRD from the requiremenu of 607 8 8j >>~ <br />Rule 4,09. As indicted, HLBD recognizes that theze is need to cle <br />this deficiency; eaniequeatly, the request vas mane prior to the <br />oversight inspection that the comparry address the construction in ~ e <'..~~ , <br />Rf~~fO <br />