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_J <br /> STATE OF COLORADO <br /> MINED LAND RECLAMATION DIVISION <br /> Department of Natural Resources <br /> p Ner S�_e�`•1p <br /> 1313 Sherman St., Room 215 <br /> Denver,CO 80203 <br /> 303 866-3567 *1876 <br /> FAX 303 832-8106 <br /> Roy Romer, <br /> Governor <br /> Fred R Banta <br /> Division Director <br /> November 7 , 1990 <br /> Mr. Robert Hagen, Director <br /> Albuquerque Field Office <br /> Office of Surface Mining <br /> Reclamation and Enforcement <br /> 625 Silver Avenue, S.W., Suite 310 <br /> Albuquerque, NM 87102 <br /> Re: Ten Day Notice X-90-02-370-001 TV2 issued to the Coal Basin Mines <br /> (C-81-017) <br /> Dear Mr. Hagen: <br /> This letter will serve as the Division 's response to the above-referenced <br /> Ten Day Notice issued October 25, 1990 and received by this office <br /> October 29, 1990. <br /> Issue 1 : <br /> This alleged violation was written for "failure to pass surface drainage from <br /> the disturbed area through a sedimentation pond". The Ten Day Notice does not <br /> provide a specific regulatory citation. Presumably, the OSM inspector <br /> intended to cite Rule 4.05.20 ). <br /> Six areas are described in the Ten Day Notice. These areas are designated as <br /> approved small area exemptions in the mine's permit. (See page 20 of the 1983 <br /> Findings Document). The CMLRD inspector pointea each of these SAE 's out to <br /> the OSM representative during the inspection. The OSM representative <br /> acknowledged that SAE's had been approved by the Division but indicated that <br /> proper demonstrations as required by Rule 4.05.2(3) were not included in the <br /> permit. He indicated that the lack of appropriate demonstrations constituted <br /> a permit defect. <br /> The Division agrees that this is a permit defect. However, the Ten Day Notice <br /> is an inappropriate means of dealing with this issue. OSM Directive INE-35 <br /> (Section 4.10) states that a Ten Day Notice shall not be issued "where alleged <br /> omissions or other defects contained in permits issued by the regulatory <br /> authority are identitied during oversight inspections The field office is <br /> airected to notity the regulatory authority of the alleged defect by letter in <br /> such instances . Therefore, the Ten Day Notice citing these areas should not <br /> have been issued. <br />