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NT OF ryF TAKE- <br /> United States Department of the Interior A"NED' <br /> O <br /> 7 � <br /> OFFICE OF SURFACE MINING ®� <br /> �gRCH 3 Reclamation and Enforcement <br /> Suite 1200 IN REPLY REFER TO <br /> 505 Marquette Avenue N.W. <br /> Albuquerque,New Mexico 87102 <br /> July 15, 1993 JUL 19 1993 <br /> Mr. Steven G. Renner, Coal Program Supervisor <br /> Division of Minerals and Geology <br /> 1313 Sherman, St., Room 215 <br /> Denver, CO 80203 <br /> Dear Mr. Renner, <br /> The Albuquerque Field Office (AFO) has received the two Division of Minerals and <br /> Geology (DMG) responses to Ten-Day Notice (TDN) 93-020-352-006, TV-4, issued <br /> as a result of the Mid-Continent Resources, Coal Basin mine oversight inspection. <br /> The first response was received by telefax on July 8, 1993. This response <br /> addressed violations 1 and 2 of 4 of the TDN. The second response was received <br /> by telefax on July 9, 1993. This response addresses violations 3 and 4 of 4 of the <br /> TDN. AFO has reviewed the responses and includes herein the written <br /> determination as to DMG's actions. <br /> Violation 1 of 4 of the TDN was issued for the failure to conduct required quarterly <br /> inspections of a coal mine waste bank. During the inspection, DMG <br /> representatives stated that the approved permit only required semi-annual <br /> inspections, therefore, a DMG Notice of Violation (NOV) was not issued. AFO <br /> understands the DMG response to state that the semi-annual inspection frequency <br /> referred to during the oversight inspection is not a part of the approved permit, <br /> and, DMG has issued DMG NOV C-93-107, requiring Coal Basin to conduct <br /> quarterly inspections beginning with the third quarter 1993 . AFO has determined <br /> the DMG response to be appropriate, recognizing that the required waste bank <br /> inspection records cannot be made up for past quarters. <br /> Violation 2 of 4 of the TDN was issued because the permit does not identify all <br /> owners and/or controllers of the mining operation. AFO understands the DMG <br /> response to state that while DMG does not believe Pitkin Iron Co., is an operator, <br /> a DMG NOV has been issued requiring Mid-Continent to identify Pitkin Iron Co., as <br /> an owner and/or controller of the Coal Basin mine. Without regard to DMG's <br /> position as to whether or not Pitkin Iron Co., is an operator, AFO has found DMG's <br /> response requiring Pitkin Iron Co., to be identified in the permit as appropriate. <br />