_ENFORCEMENT - C1981017 (6) - Laserfiche WebLink

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■ ENT OF TA�y�I( United States Department of the Interior u'em 2 OFFICE OF SURFACE MINING =� RECLAMATION AND ENFORCEMENT ■ ,6 h 3�a�, SUITE 310 625 SILVER AVENUE, S.W. ALBUQUERQUE, NEW MEXICO 87102 In Reply Refer To: September 20, 1991 Mr. Steven G. Renner, Coal Program Supervisor Mined Land Reclamation Division Department of Natural Resources 215 Centennial Building 1313 Sherman Street Denver, CO 80203 Dear Mr. Renner: In accordance with our telephone conversation of September 16, 1991, the Albuquerge Field Office (AFO) will not withdraw Ten Day Notice (TDN) 91-ft-355-001. The AFO inspector properly issued the TDN because the State inspector was unable to provide a firm assurance that State enforcement action would be taken. INE-35 specifies that a TDN will not be issued when a State inspector agrees to promptly take appropriate action to cause a violation to be corrected as a result of a joint State/Office of Surface Mining Reclamation and Enforcement (OSM) inspection and such action is taken within 10 days. The State inspector did not provide an assurance that enforcement action would be taken and that the action would abate the on-the-ground conditions causing the violation. Moreover, the State did not take such action within the 10-day period. I have received your letter of September 9, 1991, which describes the notices of violation that the Mined Land Reclamation Division is in the process of issuing to Mid-Continent Resources. These actions appear to be an appropriate response to the TDN, but I cannot render a written decision until I have reviewed the notices of violation and determined that the enforcement actions address all of the concerns and appropriately abate the violations. I am looking forward to receipt of these items. If you have any questions, please contact Steve Rathbun or me at (505) 766-1486. Sincerely, obert H. Hag n irector Albuquerque ld Office ` ? cc: Al Klein