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The Division of Minerals and Geology has not issued a notice of <br />violation because there currently is no evidence to support an <br />enforcement action. The Ten Day Notice and subsequent materials <br />provided by the Albuquerque Field Office are based solely on <br />speculation. As stated above, the Division shall immediately <br />conduct a geotechnical investigation of the refuse pile. Should <br />the evaluation indicate that a regulated structure caused the <br />instability of the pile, appropriate enforcement will be taken at <br />that time. <br />Based upon the foregoing discussion, the Division requests that the <br />Deputy Director find the DMG response to be appropriate. <br />In regard to issue two of this TDN, the DMG issued Notice of <br />Violation C -93 -110 on August 12, 1993, citing a failure to pass <br />disturbed area runoff from a small area North of the Old Refuse <br />Pile through a sediment pond or appropriate treatment facility. <br />DMG believes that this is an appropriate response to the TDN. <br />Steven G. Renner <br />Coal Program Supervisor <br />enclosures <br />c: Mike Long <br />Larry Routten <br />k'Tony Waldron <br />m: \coal \lpr \81093 <br />3 <br />