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999 iAl~ United States Department of the Interior ~u OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT T ~ SUITE 310 625 SILVER AVENUE, S.W. 1 1j. e(a '~o ~~~~i°~~ ALBUQUERQUE, NEW MEXICO 87102 April 23, 1991 APR 2 5 1991 Mined Land ~~~,~amation Division CERTIFIED MAIL-RETURN RECEIPT REQUESTED P 965 799 380 Mr. Steven G. Renner, Coal Program Supervisor Mined Land Reclamation Division Department of Natural Resources 215 Centennial Building 1313 Sherman Street Denver. CO 80203 Re: Ten-Day Notice (TDN) No. 91-02-244-6 TV-1, Foidel Creek Mine, Twentymile Coal Company Dear Mr. Renner: The following is a written finding, in accordance with 30 CFR 842.11, regarding the Mined Land Reclamation Division (MLRD) response to the above-referenced TDN. On March 26, 27, and 28, 1991, the Albuquerque Field Office (AFO) conducted a random sample inspection of the Foidel Creek Mine. The AFO inspector was accompanied by an MLRD inspector. The inspection resulted in the issuance of the TDN referenced above for an alleged violation of the Colorado regulations. The TDN was sent certified mail [o MLRD on March 28, 1991, thereby setting the response due date of April 8, 1991. The written response, dated April 1, 1991, was received in AFO via tele- fax on April 8, 1991. AFO will, therefore, consider this a timely response. The TDN was issued for "Failure to maintain an access road in such a manner that the required or approved design standards are met throughout the life of the transportation facility," Section CCMR 4.03.2(6). The TDN references the section of road as the surface of the first 1/2 mile of the Fish Creek Borehole Dewatering Facility. MLRD responded by indicating that the alleged violation, as cited, is sufficiently vague that the violation itself is unclear. In addition, the regulatory authority (RA) has requested that whatever evidence was collected during the inspection be made available to the State. Submittal of the AFO inspection report has also been requested. In order that this information be evaluated after it is received by MLRD, a request was submitted with this response for an additional 10 days to be