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Mr. Fred R. Banta <br />operator could not handle. It remains the permittee's responsibility to <br />assure compliance with environmental requirements at all times. In the <br />absence of such compliance, appropriate enforcement and legal action <br />should be initiated. <br />UNPAID ABANDONED MINE LAND (AML) FEES. The Ten -Day Notice (TDN) <br />procedure is to be followed when OSM believes enforcement action is <br />necessary for unpaid AML fees, unless the State has given OSM a general <br />variance allowing a Federal Notice of Violation (NOV) to be written <br />without prior notice to the State. Because Colorado does not have a <br />rule authorizing it to take an enforcement action for unpaid Federal AML <br />fees and, thus, could not respond to a TDN by issuing a State NOV, AFO <br />requests that MLRD write OSM a variance letter so that OSM can dispense <br />with the TDN process for nonpayment of AML fees should the need arise at <br />Mid - Continent or elsewhere in the State. <br />WATER TREATMENT FACILITIES. The approval of the installation of the <br />hydroclone package plant was the basis for OSM's finding of appropriate <br />for MLRD's response to TDN 90 -02- 370 -001. Because the company has not <br />gone forward with this revision, AFO must assume the violations still <br />exist. In order for OSM to reassess the need for additional treatment <br />during cessation of operations, MLRD should: (1) Perform frequent <br />inspections of the site with specific assessment of the pond conditions <br />and their ability to handle sudden heavy sediment loads; (2) sample the <br />minewater discharge at each inspection obtaining the analysis in a <br />timely manner; and (3) recalculate the capability of the sediment ponds <br />to handle the discharges without the hydroclone. In addition, MLRD <br />should require the company to install the hydroclone package plant prior <br />to the mine resuming activity. The information developed with the <br />increased inspection and sampling should be shared with all concerned <br />agencies in a timely manner. <br />AFO may need to perform inspections throughout the snowmelt runoff <br />period to continue the ongoing evaluation of MLRD's response to <br />TDN- 90 -02- 370 -001. An explanation of this evaluation process, and AFO's <br />authorization to conduct it, can be found in OSM Directive INE -35. <br />If you have any questions regarding our concerns and needs, please <br />contact Tom Ehmett or me at (505) 766 -1486. <br />Sincerely, <br />2 <br />i <br />L =� <br />Robert H. gen, Dir <br />Albuquerqu Field Office <br />