_ENFORCEMENT - C1981017 ‎(6)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎Violation TDN X-91--02--355-001-TV-2
• Media Type: D
• Archive: No

A^
STATE OF COLORADO
MINED LAND RECLAMATION DIVISION of CO
Department of Natural Resources
Sherman St., Room 215
Den ** s
Denver,CO 80203
303 866-3567 a 1876 s
FAX: [phone]
Roy Romer,
Governor
Fred R.Banta,
Division Director
September 9, 1991
Mr. Robert Hagen, Director
Albuquerque Field Office
Office of Surface Mining
Reclamation and Enforcement
625 Silver Avenue, S.W. , Suite 310
Albuquerque, New Mexico 87102
RE: Ten-Day Notice X-91-02-355-001 TV 2
Dear Mr. Hagen:
The Mined Land Reclamation Division requests that the Albuquerque Field Office
(AFO) withdraw the above referenced Ten-Day Notice . The basis of our request
is OSM Directive INE-35, Section 4.b . (2) . This portion of the Directive,
entitled "Deferrals" , states that a Ten-Day Notice shall not be issued when
the State agrees to take action to cause a violation to be corrected within a
specified period of time.
In our meeting of August 27 , 1991 , we discussed the fact that, as a result of
a Fifteen-Day site inspection, the Division was prepared to issue a number of
hydrology and road related Notices of Violation .
Prior to beginning the site inspection , the State inspector spent an extended
period of time describing to the OSM the violations which were discovered as a
result of a fifteen day inspection which the State recently completed. The
State inspector informed the OSM representative that we will pursue a number
of violations related to the maintenance of the roads at the site , and the
resultant impact to the hydrologic balance . Our plan of action was also
discussed at the conclusion of the inspection . These violations , taken as a
whole , encompass and expand upon those issues raised in the Ten-Day Notice .
During the week of September 2, 1991 , the operator was informed of our intent
to pursue three violations . The Violations , C-91-016, 017 and 018, directly
address the operators ' failure to install , maintain and/or stabilize culverts ,
roads , ditches , outfalls and road cuts and fills . Copies of the Notices of
Violation are being sent to the AFO under seperate cover.