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iii iiiiiiiiiiiiiiii 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources I J 13 Sherman St., Room 21 5 Denver, Colorado 80203 li~ Phone: 1303) A66-3567 I FA%: 13031 832-8106 DEPARTMENT OF NATURAL RESOURCES June 1, 1995 Roy Bonier Governor Mr. Arthur W. Abbs, Actin Director lames 5. lochhead g Executive Director Office of Surface Mining Michael B. Long Albuquerque Field Office Division Dnecior 505 Marquette Avenue NW, Suite 1200 Albuquerque, NM 87102 RE: Ten Day Notice 95-020-179-002, TV 3 Seneca II-W Mine (C-82-057) Dear Mr. Abbs: The Division of Minerals and Geology (DMG) received the Albuquerque Field Office's (AFO) finding that DMG's response to part three of Ten Day Notice (TDN) 95-020-179-002 was inappropriate on May 30, 1995. This finding appears to be based on a misunderstanding of the current status of Colorado's regulations. Therefore, DMG respectfully requests an informal review of the inappropriate finding, based on the facts presented below. The alleged violation is for failure to certify a haul road. Haul road certifications at the Seneca TI-W Mine had not been updated following modifications of the road's drainage system. DMG's response to the TDN explained that no violation had occurred because Colorado Rule 4.03.1(1)(d) indicates roads are to be certified, "if required by the Division for good cause shown'. DMG had not required the operator to recertify the road following the modifications to the drainage system. Consequently, DMG responded to the TDN by indicating that the alleged violation did not exist. AFO found this response inappropriate because a program amendment submitted for OSM approval by the DMG proposed to remove the "if required by..." phrase from the regulations. AFO is correct in that DMG has proposed to revise Rule 4.03.1. However, the program amendment is not yet effective. The Colorado Mined Land Reclamation Board adopted the program amendment including revision of Rule 4.03.1, on May 24, 1995. The amendment is currently being reviewed by the Colorado Attorney General's office. Following that review, we anticipate publication of the proposed amendment in the Colorado Register in July. The revised regulations will be effective 30 days following that publication.