_ENFORCEMENT - C1981017 (5) - Laserfiche WebLink

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