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iii iiiiiiiiiiiu iii . 999 '_, United States Department of the Interior ~ ~ OFFICE OF SURFACE MINING ~`'~` Reclamation and Enforcement BROOKS TOWERS 1020 15TH STREET DENVER, COLORADO 80202 gg--aa{{~~nn ft ~ December 15, 1981 ~~~.+{t~.,.d ~9 ~~ oFr zz ~ss~ Ms. Carolyn R. Johnson Natural Resources Defense Council, Inc. Public Lartds Institute 1657 Pennsylvania Street Denver, Colorado 80203 Dear Ms. Johnson: MINED LAND RECLAMATION Colo. Dept. of Natural Resources Reference is made to your citi=en's complaint let±~r of Ncvember 30, 1981 concerning the disposal of waste material in an unpermitted area by Western Slope Carbon's Hawks Nest Mine. Prior to the Federal inspection conducted on November 16, 1981, OSM was made aware of the fact that waste was being deposited in an unpermitted area. This information was obtained by reviewing the latest copies of inspection reports submitted to OSM by the Colorado Mined Land Reclamation Division. At that point an inquiry was made to CMLRD as to what action was being taken. CMLRD informed OSM that they were working with West Slope Carbon to insure that an acceptable plan would be submitted to allow the continued deposition of waste at the location in question. OSM was subsequently informed by CMLRD that the plan would be submitted by December 15, 1981. Moreover, it was reported that the landfill is located on county owned land. In accordance with Departmental policy to give the States primary responsibility for enforcement of SMCRA, OSM elected to defer enforcement action to the State of Colorado because no apparent environmental damage was occurring, the disposal area is on non-federal lands, and action to remedy the deficiency was underway. As a result, a ten day notice was sent to the CMLRD. A copy of their response is attached. I hope .this answers your concerns. please contact me. If you have any further questions, Sincerelyl/ Robert H. n Albuquerque 0 e Director