ENFORCE28611

• Permit No: C1981021
• IBM Index Class Name: Enforcement
• Doc Date: 5/1/1991
• Doc Name: TEN DAY NOTICE TDN 91-02-244-8 TV1 BOURG STRIP MINE WALDON COAL CO
• From: OSM
• To: MLRD
• Violation No.: TD1991020244008TV1
• Media Type: D
• Archive: No

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TAItE~ ~
United States Department of the Interior ""DEiu~a~'u"
OFFICE OF SURFACE MINING ~
RECLAMATION AND ENFORCEMENT -~ ~
SUITE 310
625 SILVER AVENUE, S.W. (n Rrpl~ Rr(ei "I'o:
ALBUQUERQUE, NEW MEXICO 87102
April 29, 1991
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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
P 965 799 382 SAY ~ 1 1991
Mr. Steven G. Renner, Coal Program Supervisor R~C~ m/aflp Land
Mined Land Reclamation Division n ~%V%g(Qn
Department of Natural Resources
215 Centennial Building
1313 Sherman Street
Denver. CO 80203
Re: Ten-Day Notice (TDN) No. 91-02-244-8 TV1, Bourg Strip Mine, Sdaldon
Coal Company
Dear Mr. Renner:
The following is a written finding, in accordance with 30 CFR 842.11,
regarding the Mined Land Reclamation Division's (MLRD) response to the
above-referenced TDN.
On March 28, 1991, the Albuquerque Field Office (AFO) conducted a random
sample inspection of the Bourg Strip 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 rules. The TDN was sent on April 3, 1991, via certified mail,
and was received in your office on April 5, 1991, thereby setting the
response due date at April 15, 1991. Initially, your office responded
orally, via telephone, on April 12, 1991. 'fhe hard copy of the
response, dated April 11, 1991, was received in this office on April 15,
1991. AFO will, therefore, consider this a timely response.
The TDN was issued for "Failure to maintain a minimum of 40 percent of
the approved bond amount after a Phase I bond release but prior to
obtaining a Phase II bond release for the permit area as required by
Colorado Rule 2 CCR 407-2, Section 3.03.1(2)." The TDN references the
bond adjustment of December 7, 1990.
MLRD has indicated that bond adjustment procedures will be re-evaluated,
AFO will be advised of the findings, an attempt will be made to clarify
the outstanding concerns with AFO, and a bond reinstatement may be
initiated if determined necessary. AFO has reviewed MLRD's response and
finds merit in the request concerning the need for further review in
this matter. 30 CFR 842.11(b)(1)(ii)(B)(4) authorizes OSM to find the