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5TATE OF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Department of Natural Resources ��04 cow <br /> H� 0 <br /> 1313 Sherman St,Room 215 . • <br /> Denver,CO 80203 <br /> Phone:(303)866-3567 �`lg�6• <br /> FAX-(303)832-8106 <br /> Roy Romer <br /> Governor <br /> Michael B Long <br /> July 9 , 1993 Division Director <br /> Mr. Robert Hagen <br /> Office of Surface Mining <br /> Reclamation and Enforcement <br /> 505 Marquette NW Suite 1200 <br /> Albuquerque, NM 87102 <br /> RE: Ten Day Notice X-93-02-352-006 TV4, Issues 3 and 4 <br /> Dear Mr. Hagen: <br /> The Division of Minerals and Geology (DMG) received the above <br /> referenced Ten-Day Notice on June 28, 1993 . As we discussed by <br /> phone on July 8, 1993, the Albuquerque Field Office (AFO) has <br /> allowed the Division an additional day to respond to issues three <br /> and four. Our responses to issues one and two were faxed to the <br /> Albuquerque Field Office on July 8, 1993 . Given the <br /> circumstances of bankruptcy and the fact that the contemporaneous <br /> reclamation issue has previously been adjudicated by the Mined <br /> Land Reclamation Board, DMG urges the AFO to either find this <br /> response appropriate, or withdraw issues three and four from the <br /> Ten-Day Notice. <br /> The Division maintains that the issue of failing to <br /> contemporaneously reclaim the site has already been addressed by <br /> the State, and thus the Ten-Day Notice should be withdrawn. The <br /> Mined Land Reclamation Board issued an order in 1991 which <br /> directed Mid-Continent Resources to reclaim the site pursuant to <br /> a specific schedule. Failure of Mid-Continent Resources to <br /> comply with that Order led the Mined Land Reclamation Board to <br /> revoke the Mid-Continent Permit in October, 1992 . Therefore, a <br /> final agency action regarding the failure to contemporaneously <br /> reclaim was taken in the Fall of 1992 . These Board Orders, which <br /> are now final Orders that cannot be appealed, form the basis upon <br /> which the Division may seek injunctive relief and bond <br /> forfeiture. We believe that issuance of a new Notice of <br /> Violation for failure to contemporaneously reclaim will only <br /> serve to open the door for Mid-Continent to relitigate the <br /> reclamation schedule. Mid-Continent may successfully raise a <br /> defense to an NOV for failure to reclaim as contemporaneously as <br />