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Michael B. Long 2 <br /> OSM Directive INE-29 establishes procedures for compilation and maintenance of <br /> the Inspectable Units List and defines the Inspectable Units List as a list or <br /> computer data management system containing all inspectable units within a State <br /> and any other mining operations necessary to evaluate State programs, administer <br /> Federal programs and meet the information needs of OSM. Inspectable units may <br /> be removed from this list after final bond release or after an abandoned site has <br /> been reclaimed by the regulatory authority. <br /> OSM uses this second list to be aware of the on-the-ground conditions of those <br /> mining and reclamation operations or a coal exploration operation that an <br /> inspection obligation exists as stated under 30 CFR 840.11(a), (b), or (c) State <br /> Regulatory Authority: Inspection and Enforcement. <br /> OSM agrees that Colorado has revoked the permit to mine, has ordered bond <br /> forfeiture, and has filed a personal liability court case for additional monies to <br /> complete reclamation consistent with the Surface Mining Control and Reclamation <br /> Act (SMCRA) and the approved program. OSM has consented to the sale of the <br /> collateral property that was used for the bond. <br /> Therefore, the site has been removed from the random sample Inspectable Units <br /> List but will not be removed from the Inspectable Units List. Normal (random <br /> sample) oversight inspections will discontinue. OSM believes that this site meets <br /> the conditions outlined in 30 CFR 840.11 and is therefore subject to review under <br /> the Title V program oversight procedures: Directives REG-8 and INE-29. In <br /> addition, this mine contains Federal lands. OSM has responsibilities outlined in <br /> 30 CFR 906.3, the Cooperative Agreement, to ensure that these lands are being <br /> mined--and reclaimed in accordance with SMCRA; the approved State program,- <br /> and the approved reclamation plan. <br /> As long as this site meets the requirements of Title V, the operator has the <br /> continuing responsibility to maintain the site in compliance with SMCRA and the <br /> approved program. OSM may inspect this site on an as needed basis with the <br /> specific purpose of monitoring reclamation to assure full compliance with <br /> reclamation requirements and will be obligated to take any enforcement action <br /> during the inspection that may be appropriate. AFO will inform you of such <br /> inspections in order that they may be conducted jointly. <br /> If you have any questions or comments, please call Bernard R. Freeman or me at <br /> (505) 766-1486. <br /> Sincerely, <br /> Robert !�!.-H-Qga�ejrf, Director <br /> Albuquerque .Field Office <br /> cc: Allen D. Klein, ADFO <br />