_GENERAL DOCUMENTS - C1981017 ‎(139)‎

• 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

HATE, OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources ppr"
1313 Sherman St.,Room 215
Denver,Colorado 80203
Phone:[phone]
FAX-[phone]
DEPARTMENT Of
NATURAI
May 2 , 1994 RESOURCES
Roy Romer
Mr. Thomas Ehmett Governor
Acting Director Ken Salazar
Office of Surface Mining Executive Director
Albuquerque Field Office Michael B.Long;
505 Marquette NW, Suite 1200 Division Director
Albuquerque, NM 87102
RE: Ten Day Notice 93-020-352-006; Issue 3 of 4
Dear Mr. Ehmett:
On April 25, 1994, the Division of Minerals and Geology
(Division) received notification from the Albuquerque Field
Office (AFO) that the response to issue 3 of 4 of the above
referenced Ten-Day Notice had been found to be inappropriate,
apparently because AFO believes that Colorado Notice of Violation
(NOV) C-93-109 , issued in response to the subject Ten-Day Notice
has been vacated. Notice of Violation C-93-109 has not been
vacated. The subsequent Failure to Abate Cessation Order (FTACO)
C-93-144 was vacated, however. The FTACO vacation notice
incorrectly states that the underlying violation had been
vacated, undoubtedly creating confusion in the AFO. The Division
requests an informal review of the AFO finding pursuant to 30 CFR
842 .11 (b) (ii) (A) . The rationale supporting this request
follows.
Colorado issued Notice of Violation C-94-109 to Mid-Continent
Resources for "Failure to contemporaneously reclaim the Coal
Basin Mine. . . " . In order to abate the violation, Mid-Continent
Resources must perform reclamation of the mine site in accordance
with the Board ordered reclamation schedule dated May 22, 1991.
The OSM Directives at INE-35 3 .d. (2) states that a State response
to a Ten-Day Notice may include other actions which are
specifically approved in the State program in lieu of enforcement
action which will cause the violation to be corrected. Colorado
is pursuing such an action in an effort to- force contemporaneous
reclamation of the Coal Basin Mine, and thus achieve abatement of
the violation.
Colorado is pursuing alternative enforcement measures against the
agents of the permittee as contemplated in the approved program
and State statute at 34-33-123 (12) . Colorado filed a personal
liability suit against the agents of the permittee in September,
1993 . In the suit, the State has alleged that Mid-Continent