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_. III IIIlilllllllllll STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources I ] 13 Sherman 51 ,Room 21 5 Denver, Colorado 80203 Phone: 13D3) 866-}567 F~%: 1303) 832-8106 May 19, 1995 Mr. Thomas Ehmett, Acting Director Office of Surface Mining Reclamation and Enforcement 505 Marquette Avenue NW Suite 1200 Albuquerque, NM 87102 Re: Response to "Thirty-Day Letter" dated April 14, 1995 Rimrock Mine, Permit No. C-89-074 Dear Mr. Ehmett: I~~~~ DEPARTME[VT OF NATURAL RESOURCES Roy Homer Governor lames 5. Lochhead Eteculive Duecbr naichael B. Long Division Director The Division received a letter from the Office of Surface Mining Reclamation and Enforcement on April 19, 1995. This letter was sent in reference to the Rimrock Mine permit, Colorado permit No. C-89-074. The Office of Surface Mining believes this permit was issued in violation of the requirements of section S10(c). The Division does not believe that permit No. C-89-074 was issued improvidently, for the following reasons: 1) In accordance with 30 CFR 77320(b), the State regulatory agency followed the violation review criteria of the regulatory program at the time the permit was issued. a) The application for the Rimrock Mine permit was deemed complete by the Division on February 24, 1989. On March 1, 1989 the Division notified other State Regulatory Agencies of the receipt of the permit application and requested information regarding any outstanding violations, cessation orders, patterns of violation, forfeited bonds and delinquent penalties. The following States were notified: Office of Surface Mining, Washington D.C., Alaska, Arkansas, Arizona, California, Idaho, Iowa, Illinois, Indiana, Kansas, Kentucky, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Oregon, Ohio, Pennsylvania, Tennessee, Utah, Virginia, West Virginia, Washington, Wyoming, and applicable Indian tribes. Only three responses were received, all reporting no outstanding enforcement actions. The State agencies that replied were; Arkansas, Kansas, and Virginia. A lack of a response by the regulatory agencies was interpreted as indicating a lack of any outstanding problems.