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cause" includes: (i) under the State program, the possible violation does not exist; (ii) the <br />regulatory authority requires a reasonable and specified amount of additional time to determine <br />whether a violation of the State program exists. <br />OSM's Findings and Conclusions <br />TDN #X10-140-182-003: Permit must require coal mining operations to restore affected land to <br />a condition capable of supporting the uses which it was capable of supporting prior to any <br />mining activity. <br />Regulatory programs under SMCRA do require mining operations to develop appropriate <br />reclamation plans and conduct operations only in accordance with the approved permit and <br />regulatory program. OSM recognizes the gravity and complexity of the allegations set forth in <br />Ms. Turner's citizen complaint and our subsequent TDN. OSM accepts DRMS's explanation that <br />due to the complexity of the necessary review, additional time is needed to evaluate and respond <br />to the TDN allegations. DRMS has temporarily shown good cause for failure to take action to <br />cause the violation to be corrected because additional time is needed to determine if a violation <br />exists. However, OSM does not believe that doubling the allowed ten days is a "reasonable and <br />specified" amount of time. <br />OSM finds that DRMS has temporarily shown good cause for failure to take action to cause the <br />violation to be corrected for TDN #X10-140-182-003 and hereby grants an extension of five <br />additional business days within which DRMS must address the alleged violation. Please respond <br />to our concerns by April 23, 2010. <br />Sincerely, <br />ja*It4 r <br />James Fulton <br />Chief, Denver Field Division <br />Cc: JoEllen Turner <br />Ross Gubka, Western Fuels of Colorado