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FROM : <br />•` <br />• <br />• <br />FAX N0. : 17198464975 Feb. 15 2007 04:50PM P2 <br />Your complaint regarding the release of bond by DMRS involves the State's braid release <br />procedure. This concern does not involve a violation of a performance standard and <br />would not require a notice of violation. These concerns are best addressed through the <br />State program appeals processes. OSM will also discuss these concems with. the State <br />through the oversight process. <br />Yovr statements also point out that pMRS bas not adopted a-provision consistent with 30 <br />CFR 817:121(c)(5) which provides that, if subsidence - related material damage occurs to <br />land, structures, or facilities protected under 30 CFR 817.121, the regulatory authority <br />must require the peunittee to post additional performance bond in the amount of the <br />estimated repair costs or diminution in value. Previously, by letter dated June 5, 1996, <br />pursuant to 30 CFR 732.17, OSM informed DMRS of changes to its.program which may <br />be required as a result of Federal regulations promulgated pursuant to Section 720 of <br />SMCRA. Among other requirements, 30 CPR 817.121(c)(5) was listed. Colorado had <br />existing regulations consistent with 30 CFR 817.121 (c) (1) and (2). The Federal <br />regulations at 30 CFR 817.121(c)(4)(i) through (iv) were suspended and no longer <br />required. However 30 CFR 817.121(c)(5) remains a requirement for Colorado. Ina <br />separate letter under 30 CFR 732.17, OSM is requiring that within 10 days, Colorado <br />submit either a proposed written amendment or a description of an amendment and <br />timetable for submission. Colorado could also-respond with an explanation of existing <br />authority consistent with .30 CFR 817.121(c)(5). <br />If you have any further questions concerning this response and process, please call me at <br />303 - 844 -1400, e%t1424. <br />Sincerely, <br />aMIIA� <br />James Fulton <br />Chief, Denver Field Divisi on <br />