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Steven G. Renner 2 <br /> remedial action to be in place no later than December 19, 1993. The DMG <br /> response letter to the AFO indicates that mine 5 runoff from the bench outslope <br /> was being controlled at the time of the issuance of the violation. <br /> The AFO agrees with the issuance of the violation by the DMG for the erosion off <br /> of the bench outslopes but had some question regarding the remedial action <br /> required to abate the violation. The survey for rills and gullies did not address the <br /> requirement to protect topsoil, vegetation, fish and wildlife, and the hydrologic <br /> balance. Remedial action was needed that would address the surface runoff from <br /> the outslopes of the mines. In addition, it was not clear in your office's <br /> correspondence that all runoff from the mine 5 outslope was being routed through <br /> an approved drainage control system. These concerns were reviewed during a <br /> phone call on October 1, 1993, with Mr. Larry Routten of your office. During that <br /> conversation, he agreed to send additional information regarding mine 5 runoff via <br /> telefax for our review. It was received that day. In addition, Mr. Routten said that <br /> he would review the other matter and provide comments or changes if needed by <br /> the close of business on the following Monday. The modification to the violation <br /> that addressed the protection of topsoil, vegetation, fish and wildlife, and the <br /> hydrologic balance was received on October 4, 1993. <br /> The steps taken by DMG to require the operator to minimize the disturbance to <br /> topsoil, vegetation, fish and wildlife, and the hydrologic balance on the outslopes <br /> below mines 1,2,3,4, and 5 are adequate. The AFO finds the DMG response with <br /> regard to violation 1 of 1 of the TDN to constitute appropriate action. AFO will <br /> continue to monitor the disposition of the State NOV to ensure that the basis for <br /> AFO's finding is substantiated. <br /> If you have any comments regarding this matter, please call Stephen Rathbun at <br /> (505) 766-1486. <br /> Sincerely, <br /> Robert H. H en, Director <br /> Albuquerq Field Office <br />