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STATE OF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Department of Natural Resources PP ."t, <br /> 1313 Sherman St.,Room 215 <br /> Denver,Colorado 80203 <br /> Phone:(303)866-3567 <br /> FAX:(303)832-8106 <br /> DEPARTMENT O) <br /> NATURAL <br /> May 2, 1994 RESOURCE! <br /> Roy Romer <br /> Mr. Thomas Ehmett Governor <br /> Acting Director Ken Salazar <br /> Office of Surface Mining Executive Director <br /> Albuquerque Field Office Michael B.Long <br /> 505 Marquette NW, Suite 1200 Division Director <br /> Albuquerque, New Mexico 87102 <br /> RE: Ten-Day Notice 93-02-244-02 <br /> Dear Mr. Ehmett: <br /> On April 25, 1994 the Division of Minerals and Geology (Division) <br /> received notification from the Albuquerque Field Office (AFO) <br /> that the original determination regarding the above referenced <br /> Ten-Day Notice has been reversed, and found to be inappropriate. <br /> The Division requests a informal review of the above referenced <br /> Ten-Day Notice by the Deputy Director, Field Operations, as <br /> provided in 30 CFR 842 .11 (b) (1) (iii) (A) . <br /> The Division issued Notice of Violation C-93-130 to Mid-Continent <br /> Resources on September 20, 1993 . The violation, issued in <br /> response to the above referenced Ten-Day Notice, cited a failure <br /> to minimize erosion, using the best technology currently <br /> available, so as to minimize disturbances to the prevailing <br /> hydrologic balance, topsoil and vegetation. Mid-Continent <br /> requested an assessment conference which was held on January 11, <br /> 1994 . The Assessment Conference Officer recommended that the <br /> violation be vacated as there was no evidence introduced at the <br /> hearing to support the violation. The Division Director <br /> subsequently vacated the Notice of Violation on January 27, 1994 . <br /> The OSM directives at INE-35 3 .d. (2) states that an appropriate <br /> State response to a Ten-Day Notice may include other actions <br /> which are specifically approved in the State program in lieu of <br /> enforcement action which will cause the violation to be <br /> corrected. Colorado is pursuing such an action in Pitkin County <br /> District Court in an effort to compel compliance with applicable <br /> State requirements, including those cited in the Ten-Day Notice <br /> and the State Notice of Violation. This action will achieve <br /> abatement of the violation. <br /> Colorado is pursuing alternative enforcement measures against the <br /> agents of the permittee as contemplated in the approved program <br /> and State statute at 34-33-123 (12) . Colorado filed a personal <br />