_GENERAL DOCUMENTS - C1981017 ‎(137)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Name: Bid Documents ‎(IMP)‎
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION Of MINERALS AND GEOLOGY
Department of Natural Resources �QOF co��b
H O
1313 Sherman St.,Room 215
Denver,CO 80203
Phone:[phone]
*�876
FAX:[phone]
Roy Romer
Governor
Michael B.Long
July 20, 1993 Division Director
Mr Robert Hagen
Office of Surface Mining
505 Marquette NW, Suite 1220
Albuquerque, NM 87102
Re: Notice of Violation C-93-250; Coal Basin Mine (File C-81-017)
Dear Mr. Hagen:
The Division has received and reviewed the above referenced Notice of
Violation (NOV) along with the accompanying inspection report. The
Division was particularly surprised by the issuance of this violation
due to the fact that we were not previously notified of the
Albuquerque Field Office (AFO) intent to issue an NOV, and because it
was inappropriately issued in the context of the Federal Regulations.
The misinterpretation of the Federal Regulation which was cited as a
basis for issuing the NOV virtually ignores the fact that Colorado has
primacy in the implementation of coal mining regulations and statutes.
The inspection report attached to the NOV states that the issuance of
the NOV " . . . is authorized under 30 CFR 906.30 Article VIII (19) . "
The citation referenced is the Colorado Cooperative Agreement,
Article VIII, which discusses enforcement procedures. A reading of
this citation indicates that, should the OSM and State inspectors fail
to agree as to the propriety of a particular enforcement action, OSM
may take any enforcement action necessary. The OSM enforcement action
" . . . shall be taken using the procedures and penalty system contained
in 30 CFR Parts 843 and 845 . "
Part •843 of 30 CFR sets forth the general rules regarding enforcement
actions undertaken by the OSM. Part 843 .12 (a) (1) clearly describes
those circumstances in which the OSM may issue a NOV. These
circumstances include Federal inspections carried out during the
enforcement of a Federal program or this chapter. . . " This particular
citation goes on to clearly imply that a Federal inspector may issue a
Federal Cessation Federal lands program or during Federal enforcement
of a State program under section 504 (b) or 521 (b) of the Act and part
733 of Order in those circumstances where imminent harm or danger
exist. Part 843 . 12 (a) (2) states that, in circumstances not
contemplated by 843 . 12 (a) (1) the State shall be given written notice
of the alleged violation so that the appropriate action could be taken
by the State. This written notice is the Ten-Day Notice contemplated
by the OSM directives at INE-35 .