1990-07-09_GENERAL DOCUMENTS - C1981017

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STATE OF COLORADO MINED LAND RECLAMATION DIVISION oF.co� Department of Natural Resources 1313 Sherman St., Room 215 Denver,CO 80203 # * 303 866-3567 is76 x FAX. 303 832-8106 Roy Romer, Governor Fred R.Banta. Division Director December 28, 1989 Mr. Robert Hagen, Director Albuquerque Field Office Office of Surface Mining Reclamation and Enforcement 625 Silver Avenue, SW, Suite 310 Albuquerque, NM 87102 Re: Coal Basin Mine (Permit No. C-81 -017): TDN X-89-02-244-5 TV9; Request for Review Dear Mr. Hagen: On December 22, 1989, the Division received the written finding regarding the Mined Land Reclamation Division (MLRD) response to the above referenced Ten-Day Notice (TDN) : Albuquerque Field Office (AFO) found the MLRD response in regard to Issues 1 , 2, and 3 as inappropriate. Given this, MLRD is requesting that the Deputy Director of OSM review AFO' s findings involving Issues 1 and 2 in accordance with 30 CRF 842.211 (G) (1 )(iii)(A) . Issue 1 . This is an alleged failure to protect topsoil after it is redistributed and a potential violation of Rule 4.06.4(d) . It is apparent from the AFO finding in regard to this issue that the problem is specifically with that portion of the old refuse pile to be reclaimed during 1989. In such case, the Division agrees that applicability of the rill and gully policy is not involved. So far as the area reclaimed in 1989 is concerned, as the MLRD response indicated, the reclamation of this portion of the old refuse pile was underway at the time of the inspection. The operator had until the end of 1989 to complete the reclamation work. Topsoil had been spread but subsequent efforts to seed and mulch the area had been delayed by snowfall . MLRD feels such a delay does not constitute a violation if such measures are taken in a timely manner and completed within the required time. MLRD feels this was the case in that the operator has reported subsequent completion of the reclamation in this area.