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,~ <br /> <br />IH REPLY REFER TO. <br />Mr. Dennis Short <br />1429 Vine Street, #2 <br />Denver, CO 80206 <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />1999 Broadway, Suite 3320 <br />Denver, Colorado 80202-5733 <br />October 28, 1996 <br />III IIIIIIIIIIIIIIII <br />sss <br />RECEIVEG <br />ACT 31 1996 <br />Division of tYUnetal~ a w~~~g; <br />Re: Citizens Complaint CC96-140-001, Oxbow Carbon and Muterals, Sanborn Creek Mine, <br />Permit C-81-022 <br />Dear Mr. Short, <br />The Office of Surface Mining Reclamation and Enforcement (OSM), Denver Field Division <br />(DFD) received your complaint letter dated October 8, 1996, on October 9, 1996. The letter was <br />jointly addressed to OSM and the Colorado Division of Mmerals and Geology (DMG) and <br />confidentiality was specifically waived. Your complaint has been assigned the number CC96-140- <br />001 for OSM tracking purposes. <br />The DMG is the primary regulatory authority for implementation of the Surface Mining Control <br />and Reclamation Act (SMCRA) in the State of Colorado. As such, DMG has the lead <br />responsibility for investigating and responding to citizen complaints. OSM does not typically <br />become involved in a first time citizen complaint, absent a finding of imminent danger to the <br />public health and safety or significant, imminent environmental harm, until such time as the State <br />regulatory authority has concluded its investigation and rendered findings. Even them OSM <br />would only be involved if the citizen disagreed with the State's findings and filed a complaint with <br />OSM, or if OSM found the State's actions to be inappropriate. <br />In that your letter was notification to both DMG and OSM of a complaint, and it was also a first <br />time complaint filed by you on this particular concern, OSM is obligated to defer to DMG as the <br />primary regulatory authority. However, arrangements were made between DFD and DMG for <br />me to attend since I would be on the western slope that day. <br />On October 15, Mr. David Berry, DMG, notified you of the date and time of the citizen's <br />complaint inspection and that an OSM representative would be in attendance. The inspection was <br />conducted on October 16, at 2:OOpm. In attendance were Messrs. Dave Berry, Walter Wright <br />and Tom Anderson representing Oxbow Carbon and Minerals, and me as a representative of <br />OSM. The DMG permit was reviewed and the area in question observed. <br />~~ <br />United States Department of the Interior <br />In addition to being present during DMG's citizen complaint inspection, I have reviewed its <br />inspection report and response to you. I have found DMG's actions and response to your citizens <br />complaint to be appropriate. <br />