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i <br />III IIIIIIIIIIIIIIII <br />sss <br />GARFIELD CITIZENS ALLIANCE <br />1270 Road 240 ~ ~ ~ ~ IJ ®~~ <br />Glenwood Springs, CO 81601 ~JEJ <br />303/984-2729 AUG 7 190 <br />August 3, 1990 <br />RECIAAgATION hJU <br />Mr. William Crick ~IVIgiO~J <br />Colorado Mined Land Reclamation Division <br />1313 Sherman Street <br />Denver, CO 80203 <br />Dear Mr. Crick: <br />I have received your letter of July <br />written citizen report of suspected <br />No. 1 mine that was faxed to you on <br />requests we provide you with either <br />facts were known by us prior to the <br />evidence of the conditions. <br />27, 1990, concerning our <br />violations at the Coal Ridge_ <br />July 16, 1990. Your letter <br />the basis upon which the <br />inspection or corroborating <br />Our citizen report described in detail each suspected violation <br />giving location, type of material and, where known, the rule <br />citation. It provided sufficient basis for the Division to <br />determine on July 17th that an inspection would be conducted. It <br />also provided sufficient basis for the Office of Surface Mining <br />to issue a Ten Day Notice to the Division on July 18th. Yau and <br />Mr. Savage conducted the inspection on July 24, 1990, accompanied <br />by myself, Randy Corry and Carolyn Johnson. On the inspection, <br />you and Mr. Savage personally visited the site of each suspected <br />violation and had ample opportunity to obtain corroborating <br />evidence. For these reasons I believe your request far facts or <br />corroborating evidence is irrelevant. <br />I am very concerned that Colorado Rule 5.02.5(1)b)(ii) does not <br />conform with the federal regulations (30 CFR 842.12(a)). It <br />seems to place an extra and inappropriate burden on Colorado <br />citizens to present proof that a violation exists before an in- <br />spection is conducted. It is my information that the Congress in <br />passing SMCRA intended, and even encouraged, citizens to partici- <br />pate and report suspected violations because inspectors can't 6e <br />everywhere at all times or know everything. Citizens have the <br />right, and I believe the responsibility, to report suspected <br />violations and help make this law work. It is the responsibility <br />of the inspector to determine the facts of the situation and take <br />prompt and effective enforcement action. <br />As Coloradans, the Garfield Citizens Alliance hopes the Division <br />would welcome our efforts to lend that help because we want our <br />state to be a leader in carrying out SMCRA. <br />Sincerely, <br />Gre~nis, ViL`e CFiairman <br />c.c. Robert Hagen, Office of Surface Mining <br />