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STATE OF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Department of Natural Resources ��of.oO<o <br /> 1313 Sherman St.,Room 215 <br /> y� o <br /> Denver,CO 80203 + + <br /> Phone:(303)866-3567 «1876« <br /> FAX:(303)832-8106 <br /> Roy Romer <br /> Governor <br /> Michael B Long <br /> Mr. Robert Hagen Division Director <br /> Director <br /> Office of Surface Mining <br /> 505 Marquette Avenue N.W. <br /> Albuquerque, New Mexico <br /> 87102 <br /> July 23, 1993 <br /> RE: Ten Day Notice X-93-02-352-006 TV4 <br /> Dear Mr. Hagen: <br /> Enclosed you will find Colorado Notice of Violation Number C-93- <br /> 109. This Violation has been issued to Mid-Continent Resources <br /> for failure to contemporaneously reclaim the Coal Basin Mine site <br /> and a specific structure cited in the above referenced Ten-Day <br /> Notice. <br /> This morning I discussed the issuance of this Violation with Mr. <br /> Tom Emhet, Acting Field Office Director. Mr. Emhet and I agreed <br /> that Colorado had responded to the Ten-Day Notice and that the <br /> AFO found that response to be inappropriate. I informed Mr. <br /> Emhet that Colorado intended to issue an NOV for failure to <br /> contemporaneously reclaim, but wished to avoid dual enforcement <br /> by the State and the OSM. Mr. Emhet and I agreed that if the <br /> State were to issue a Notice of Violation which addressed Issues <br /> three and four of the TDN before the expiration of the five day <br /> appeal period, the AFO would not issue a Federal Notice of <br /> Violation. The enclosed Violation should address the AFO <br /> concerns as it requires Mid-Continent to reclaim the site in <br /> accordance with the Board ordered reclamation schedule within 90 <br /> days. The Violation was issued on Friday, July 23, 1993, while <br /> the expiration of the appeal period is Monday July 26, 1993 . <br /> If the understanding which has been reached with the AFO is not <br /> satisfactory to you, I would request that the Division be <br /> immediately informed. I would also request that you grant a two <br /> day extension of the appeal period, until 5pm July 28, 1993 , if <br /> our understanding is unacceptable to you. <br />