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ENT OrPRI ■ <br /> _ United States Department of the Interior AMERKJ►� <br /> A <br /> y O <br /> 7 � <br /> _ OFFICE OF SURFACE MINING ®� <br /> 4RCH 3 18 9 <br /> Reclamation and Enforcement <br /> IN REPLY REFER TO <br /> Suite 1200 <br /> 505 Marquette Avenue N.W. r-- <br /> Albuquerque,New Mexico 87102 '-{rl- o't <br /> April 21, 1994 - <br /> CERTIFIED RETURN RECEIPT # p 965 799 492 <br /> Mr. Steven G. Renner, Coal Program Supervisor <br /> Division of Minerals and Geology <br /> Department of Natural Resources <br /> 215 Centennial Building <br /> 1313 Sherman Street <br /> Denver, Colorado 80203 <br /> Re: Ten-Day Notice (TDN) 93-020-352-006, Violations 2 and 3 of 4 <br /> Dear Mr. Renner: <br /> The Albuquerque Field Office (AFO), on July 15, 1993, found the Division of <br /> Minerals and Geology's (DMG) initial response to violation 2 of 4 of the above- <br /> referenced TDN to be appropriate due to the issuance of Notice of Violation (NOV) <br /> 93-108. The alleged violation in the TDN was for failure to identify all owners <br /> and/or controllers of the Coal Basin Mine. On October 27, 1993, AFO determined <br /> DMG's response to be inappropriate due to the time which had elapsed without <br /> resolution of the violation. As a result of that inappropriate finding, DMG issued <br /> Failure to Abate Cessation Order (FTACO) 93-145. DMG later vacated the <br /> underlying NOV and the FTACO without the abatement measures being fulfilled. <br /> In that the violation appears to still exist and all State enforcement actions have <br /> been vacated, AFO again finds DMG's response to violation 2 of 4 to be <br /> inappropriate. <br /> On July 15, 1993, AFO found DMG's initial response to violation 3 of 4 of the <br /> above-referenced TDN to be inappropriate. The alleged violation in the TDN was <br /> for failure to reclaim a mine site in a contemporaneous manner. As a result of that <br /> inappropriate finding, DMG responded by issuing NOV 93-109. On July 26, 1993, <br /> AFO notified DMG that as a result of the issuance of the NOV, the need for AFO <br /> to conduct a Federal follow-up inspection had been stayed, however, AFO would <br /> continue to monitor the disposition of the violation to insure it was satisfactorily <br /> resolved. The abatement date of October 21, 1993, was not met and FTACO <br /> 93-144 was subsequently issued on November 2, 1993. The reclamation of the <br />