ENFORCE23240

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 6/1/1995
• Doc Name: 10 DAY NOTICE 95-020-179-002 TV 3 SENECA II-W MINE C-82-057
• From: DMG
• To: OSM
• Violation No.: CV1995007
• Media Type: D
• Archive: No

. III 111111 1111111 III ° s'ue` T ~ N
999
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215 y

Denver, Colorado 80203 ~l
~~

Phone: [phone] I
FAX: [phone]
DEPARTMENT OF
NATURAL
RESOURCES
June 1, 1995 Roy Romer
Gavemor
Mr. Arthur W. Abbs, Acting Director
p lames 5. Lochhead
ExeCUlrve DuKlor
Office of Surface Mining Michael B. Long
Albuquerque Field Office Dw~s~o~ Director
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 II-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.