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Mr. Fred R. Banta 2 <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 ham not <br /> gone forward-with this-revisiqU, 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 /> Ro�ert H. �Yagen, Director <br /> Albuquerque Field Office <br />