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r <br /> 3 <br /> The Division of Minerals and Geology has not issued a notice of <br /> violation because there currently is no evidence to support an <br /> enforcement action. The Ten Day Notice and subsequent materials <br /> provided by the Albuquerque Field Office are based solely on <br /> speculation. As stated above, the Division shall immediately <br /> conduct a geotechnical investigation of the refuse pile. Should <br /> the evaluation indicate that a regulated structure caused the <br /> instability of the pile, appropriate enforcement will be taken at <br /> that time. <br /> Based upon the foregoing discussion, the Division requests that the <br /> Deputy Director find the DMG response to be appropriate. <br /> In regard to issue two of this TDN, the DMG issued Notice of <br /> Violation C-93-110 on August 12 , 1993 , citing a failure to pass <br /> disturbed area runoff from a small area North of the Old Refuse <br /> Pile through a sediment pond or appropriate treatment facility. <br /> DMG believes that this is an appropriate response to the TDN. <br /> Sincerely, <br /> Steven G. Renner <br /> Coal Program Supervisor <br /> enclosures <br /> c: Mike Long <br /> Larry Routten <br /> Tony Waldron <br /> m: \coal\lpr\81093 <br />