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STATE OF COLORADO <br /> MINED LAND RECLAMATION DIVISION of Co <br /> Department of Natural Resources , <br /> 1313 Sherman St.,Room 215 \ <br /> Denver,CO 80203 *# . <br /> 303 866-3567 s 1876• <br /> FAX 303 832-8106 <br /> Roy Romer, <br /> Governor <br /> Fred R.Banta, <br /> Division Director <br /> September 9; 1991 <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 /> Alh�inuerque, New Mexico 87102 <br /> Ke: Ten Day Not i ce"°'°i�-,9l-02-355-001 TV 2 <br /> Dear Mr. Hagen: <br /> As we discussed today by telephone, the Division is issuing three Notices of <br /> Violation to Mid-Continent Resources . Although Colorado has requested that <br /> the Albuquerque Field Office (AFO) withdraw the Ten Day Notice, you may <br /> consider our issuance of the violations a response to the TDN for purposes of <br /> preserving our rights of appeal . <br /> Notice of Violation C-91-016 cites a failure to install and maintain light use <br /> and access road culverts and outlets as required to minimize erosion and <br /> damage to adjacent property and resources , and prevent, to the extent <br /> possible , additional contributions of suspended solids to streamflow. <br /> Notice of Violation C-91-017 cites the operator' s failure to maintain access <br /> and light use road surfaces and drainage ditches as required to control <br /> erosion and damage to adjacent properties and resources , and prevent, to the <br /> extent possible, additional contribution of suspended solids to streamflow. <br /> Notice of Violation C-91-018 cites the operator' s failure to stabilize road <br /> cuts and `ills with vegetative cover or other measures to minimize erosion and <br /> siltati(.; , ar-d to minimize , to the extent possible , additional con` icu�ions <br /> o; susoend:J solids to s±reamflow. <br /> The abatement to each NOV requires immediate action which will correct lonq <br /> term problems ,�t the site . As we discussed earlier today, Colorado belie c s <br /> that the Ten Day Notice is improper, given the deferral standard of INE-35. <br /> We have therefore requested that the TDN be withdrawn. <br />