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S�EHT Op l <br /> TAUB� <br /> ym United States Department of the Interior ME IN <br /> N F p <br /> OFFICE OF SURFACE MINING <br /> ARCH 33 s"9 Reclamation and Enforcement <br /> Suite 1200 IN REPLY REFER TO: <br /> 505 Marquette Avenue N.W. <br /> Albuquerque,New Mexico 87102 <br /> April 21, 1994 <br /> CERTIFIED RETURN RECEIPT # P 293 288 854 <br /> 0 1,994-- <br /> Mr. Steven G. Renner, Coal Program Supervisor <br /> Division of Minerals and Geology <br /> Department of Natural Resources <br /> 215 Centennial Building <br /> 1313 Sherman Street <br /> Denver, Colorado 80203 <br /> Re: Disposition of Notice of Violation C-93-130 Issued in Response to Ten-Day <br /> Notice 93-02-244-02 <br /> Dear Mr. Renner: <br /> In accordance with 30 CFR 842.11, the following is a written finding regarding the <br /> Division of Minerals and Geology's (DMG) response to the above Ten-Day Notice <br /> (TDN): <br /> On October 5, 1993, the Albuquerque Field Office (AFO) found that DMG's <br /> issuance of Notice of Violation (NOV) #C-93-130 was an appropriate response to <br /> the above TDN. The October 5, 1993, letter to DMG further stated that AFO would <br /> continue to monitor the disposition of the NOV to ensure that the basis for AFO's <br /> finding is substantiated. <br /> The State NOV was issued for "Failure to minimize erosion, using the best <br /> technology currently available, so as to minimize disturbance to the prevailing <br /> hydrologic balance, topsoil and vegetation." The portion of the operation to which <br /> the NOV applied included the outslopes of portal benches at Mines 1, 2, 3-and 4. <br /> The remedial action included conducting a rill and gully survey to be submitted on <br /> a map to DMG; submitting a minor revision to DMG outlining measures to repair <br /> the existing rills and gullies and plans to minimize future erosion of the outslopes; <br /> and implementing the minor revision plan upon DMG approval. <br /> AFO records indicate the NOV was vacated by DMG on January 27, 1994. The <br /> reason given on the vacation form states: "Information presented during <br /> assessment conferences as outlined in the attached memo." The attached <br /> assessment conference memo states: "I asked to see what type of erosion had <br /> occurred, but the Division had no pictures or other evidence of a violation. <br /> recommend that the NOV be vacated for lack of evidence." [Emphasis added.] <br />