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1~ V' United States Department of the Interior OFFICE OF SURFACE M-NING RECLAMATION AND ENFORCEMENT SUITE J10 625 SILVER AVENUE, S.R'. ALBUQUERQUE, NEN' MEXICO 87102 April 11, 1990 III111111111111111! In Reply Refer Ta: F~ .-..., n 7 F [rr.~ k-1n. ~'~ 1 ~~ I r: ~_~ Mr. Michael B. Long, Goal Program Supervisor :~-C_ ' "'"'TI~~ `'~~~ Mined Land Reclamation Division Department of Natural Resources 215 Centennial Building 1313 Sherman Street Denver, Colorado 80203 Re: Ten-Day Notice 90-02-244-1, Mt. Gunnison No. 1 Mine Dear Mr. Long: In accordance with 30 CFR 842.11, the following is a written finding regarding the Mined Land Reclamation Division's (MEAD) response to the above Ten-Day notice (TDN): On February 21 and 22, 1990, the Albuquerque Field Office (AFO) conducted a random sample oversight inspection of the Mt. Gunnison Mine; the OSM inspector was accompanied by an MLRD representative. The inspection. resulted in the issuance of TDN 90-02-244-1, dated March 2, 1990. The TDN was sent by certified mail and was received by MLRD on March 7, 1990. MLRD's response to the TDN was by a telephone call from Gary Fritz to you, Mr. Long, on March 19, 1990. four office's written correspondence regarding the TDN was received on March 21, 1990. AFO will consider this a timely response to TDN 90-02-244-1. The TDN cites Colorado regulation 4.10.3(3) as the regulation believed to have been violated for violation 1 of 1. The TDN states that the operator failed to divert surface-water runoff from the area above the fill into stabilized diversion channels. Three separate areas where drainage was flowing onto the West Elk Coal Company's mine waste pile were noted in the TDN: (1) Interface between 70-foot resoiled bench berm and waste; (2) 100-year diversion along haul road into the waste pile; and (3) the Sylvester Gulch Road.