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~ ~ III IIIIIIIIIIIII III <br />STATF. OF COLORADO <br />Roy Romer, Govei <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, Director <br />September 22, 1989 <br />Mr. Robert Hagen, Field Office Director <br />Office of Surface Mining Reclamation and Enforcement <br />Albuquerque Field Office <br />G25 Silver Avenue, S.W. <br />Alouquerque, New Mexico 87102 <br />RE: MEIR Supplement on File, C-81-015, Fruita # 1 8 2 Mine of <br />September 19, 1989 <br />Dear Mr. Hagen: <br />I would like to take this opportunity to respond to the assertion in the MEIR <br />Supplement noted above that "site conditions indicate that the violation noted <br />nag been in existence at the time of or prior to, the last state complete <br />inspection," and "the condition was identified in a state inspection report <br />put no state enforcement action was taken." <br />The condition cited during the September 13, 1989 joint inspection was <br />identified as a maintenance concern during the LS CI of July 18, 1989. The <br />report states, "roa sur aces are in good condition. Several areas of road <br />ditch need to have sediment traps (nay bales) replaced. This is a maintenance <br />item, that should be addressed this summer." It is my understanding that <br />mines are not cited for maintenance concerns unless they are in violation of <br />performance standards or permit designs or Conditions. <br />Second, there is evidence to indicate that heavy precipitation events <br />suosequent to the LS CI of July 18, 1989 elevated the original maintenance <br />concerns to the category of violation. This is noted in the MLRD inspection <br />report of September 13, 1989. Further, such an event (heavy precipitation) <br />was witnessed and noted in the area ov OSM-AFO inspector Gary Fritz and MLR <br />inspector Randy Price on September 7, 1989 at around 11:00 a.m. wnile on <br />another joint inscection. <br />Tne Division feels that ttie assertions in the aoove MEIR Supplement are <br />without oasis and the MEIR Supplement should be withdrawn. <br />If ,you have any questions please feel free to contact me. <br />Sincerely' <br />i+licnael ~S. Savage <br />Senior Reclamation Specialist <br />cc: Mike Lona <br />Tom Gillis <br />Randy Price <br />yc~Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 8663567 <br />