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STATE OF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Department of Natural Resources <br /> 1313 Sherman St.,Room 215 <br /> Denver,Colorado 80203 <br /> Phone:(303)866-3567 <br /> FAX:(303)832-8106 iolm <br /> DEPARTMENT OF <br /> NATURAL <br /> RESOURCES <br /> May 2 , 1994 Roy Romer <br /> Governor <br /> Ken Salazar <br /> Mr. Thomas Ehmett Executive Director <br /> Acting Director Michael B.Long <br /> Office of surface Mining DiviSionDirector <br /> Albuquerque Field Office <br /> 505 Marquette NW, Suite 1200 <br /> Albuquerque New Mexico 87102 <br /> RE: Ten-Day Notice 93-020-352-006 Issue 2 of 4 <br /> Dear Mr. Ehmett: <br /> On April 25, 1994, the Division of Minerals and Geology <br /> (Division) received notification from the Albuquerque Field <br /> Office (AFO) that the response to issue 2 of 4 of the above <br /> referenced Ten-Day Notice had been found to be inappropriate. <br /> This determination was apparently made because the AFO believed <br /> that the Notice of Violation (NOV) and subsequent Cessation Order <br /> were vacated. This assumption is incorrect. Neither the Notice <br /> of Violation nor the Cessation Order have been vacated by the <br /> Division or Board. Therefore, Colorado requests an informal <br /> review of the AFO determination by the Deputy Director as <br /> provided by 30 CFR 842 .11 (b) (ii) (A) . <br /> Colorado issued Notice of Violation C-93-108 to Mid-Continent <br /> Resources on July 8, 1993 in response to the above referenced <br /> Ten-Day Notice. Because the violation was not abated, a Failure <br /> to Abate Cessation Order (FTACO) was issued on November 2, 1993 . <br /> An assessment conference was held on January 11, 1994 . Following <br /> the conference, the Conference Officer issued a draft memo which <br /> recommended vacation of the NOV and the FTACO. The Division <br /> Director declined to act upon the recommendation. Therefore, the <br /> NOV and FTACO remain in place. <br /> In September, 1993, the Division filed an action in Pitkin County <br /> District Court requesting injunctive relief against the agents of <br /> Mid-Continent Resources. Some of the agents include corporate <br /> officials tied to the company allegedly controlling the Coal <br /> Basin reclamation project in 1993 . Currently, the Division is <br /> analyzing the merits of NOV C-93-108, and is considering possible <br /> legal avenues to obtain compliance with the abatement steps <br /> outlined in the NOV. <br />