GENERAL54406

• Permit No: C1984065
• IBM Index Class Name: General Documents
• Doc Date: 2/11/1991
• From: OSM
• To: CHAIRMAN GARFIELD CITIZENS ALLIANCE
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

Responses to Request for Withdrawal of Approval
for Portions of the Colorado Proeram
The issues raised in the August 20, 1990, petition have been analyzed in two groups:
those that concern the adequacy of the approved Colorado State program under the
' Surface Mining Control and Reclamation Act (SMCRA) and implementing Federal
regulations and those which concern implementation of the State's program.
Issues Concernin¢ the Adeauacv of the Colorado State Prottr~m
Garfield Citizens' Alliance tGCAI Issue Numbers 4. 5. 9 and 10: With regard to the
issues concerning the adequacy of the Colorado State program, I find the portions of the
Colorado program addressing application completeness determinations, permit renewal,
temporary cessation and inspection of permitted operations to be no less stringent than
SMCRA and no less effective than the Federal regulations in meeting the requirements
of SMCRA. Therefore, I shall not require amendment, in accordance with 30 CFR Part
732, of these sections of the approved State program.
issues Related to the Implementation of the Colorado State Program
GCA Issue Number 1: The procedural issue concerning the availability and retention of
permit documents, reports, inspection materials and other records is comprised of two
parts, that is, the availability and retention of permit application documents and the
availability and retention of mine records for permitted operations. Permit application
documents, in accordance with 2 CCR 407-2, 2.07.3(4), are filed with Colorado's Mined
Land Reclamation Division (MLRD) and are available for public inspection and copying
at the county courthouse or other public office near the proposed mining operation.
Mine records, on the other hand, are filed in accordance with 2 CCR 407-2, 5.02.4(1)
which requires that they be:
immediately available to the public at the Division office and at
a convenient place in the area of mining to which the
information pertains until at least five years after expiration of
the period during which the subject operation is active or is
covered by any portion of reclamation bond.
An investigation by our Albuquerque Field Office (AFO) found that the permit
application documents were generally complete and up-to-date at both the Ga~eld
County Courthouse and the MLRD office. However, there were some problems with
the maintenance of mine records at a place convenient to the azea of mining, in
accordance with 2 CCR 407-2, 5.02.4(1). The State has aclmowledged that certain
documents of both types could not be located in the public files and that New Castle
Energy Corporation's mine records have not been maintained in the locale of the mine,
which latter practice has only been allowed during the period of temporary cessation.
MLRD has agreed that it should improve the management of its public files and has
stated that it will require mine operators to maintain mine records in the vicinity of the
atinesite during periods of temporary cessation. I am pleased to note the State's