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II I l ll! 11 <br />11!!1 <br /> 1 <br />1 Ill <br />STATE OF COLORADO <br /> <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />FA x: 303 6328106 <br />GF ~~~pq <br />0.~' _,. y <br />Nei®~$ <br />~ /876 ~ <br />Roy Romer, <br />Governor <br />' Fred R. Banu. <br />Jul y 2 , 1991 Division Director <br />Mr. Robert Hagen, Director <br />Albuquerque Field Office <br />Office of Surface Mining <br />Reclamation and Enforcement <br />625 Silver Avenue, S.W., Suite 310 <br />Albuquerque, New Mexico 87102 <br />RE: Draft Summary of April 10, 1991 Quarterly Meeting <br />Dear Mr. Hagen: <br />I have reviewed the draft summary of the April 10, 1991 Quarterly Meeting. I <br />have noted that a few topics need to be clarified, including Senate Bill 181, <br />interpretation of INE-35, Ten-Day Notices regarding nonpayment of AML fees, <br />small area exemptions, 1991 workplan and availability of records at or near <br />mine sites. <br />Senate Bill 181 - During the Quarterly Meeting, we pointed out that SB-181 and <br />the associated MOU are not related to point source discharges. Senate Bill <br />181 is relevant only to discharge to ground water and non-point source <br />discharges. The MOU and SB 181 require Mined land to assume enforcement <br />responsibilities for those activities. Please contact me if you need <br />additional copies of SB-181 or the MOU. <br />Interpretation of INE-35 - We interpret INE-35 (October 19, 1990) 3.h. to <br />allow a state RA the latitude to identify deficiencies within its approved <br />program. After the RA has identified such a deficiency, it is incumbent upon <br />the RA to commit to correction of the problem and submit a schedule for <br />amending the program. Thus, it is not essential for the AFO to have solely <br />identified a regulatory flaw in determining that an issue is programmatic in <br />nature. <br />AML/AMRF Fees - We have determined that the Mined Land Reclamation Division <br />has no jurisdiction over the collection of these fees. This appears to be <br />strictly a federal matter. We cannot issue a Notice of Violation for <br />non-payment. Therefore, a Ten-Day Notice to this regard is not appropriate. <br />Amended 1991 Workplan - Both Show-Cause Orders issued in July, 1990 have been <br />resolved. The 1991 Annual Evaluation Report should reflect that the <br />Mid-Continent Show-Cause Order resulted in a compliance agreement, and that <br />the Blue Flame Show Cause resulted in permit revocation and bond forfeiture. <br />