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iii iiiiiiiiiii-iiii United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement 199) Broadway, Suire 3320 Denver, Colorado 80?02-5733 JUN 19 1995 RE~;EIVED JUN 2 p 1995 Division or M,rrera~s ~ Geolo9Y Mr. Michael B. Long, Director Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Long: This is in response to your agency's letter of May 16 requesting informal review of the Albuquerque Field Office's (AFO) determination that the Colorado Division of Minerals and Geology (DMG) did not take appropriate action with respect to two violations alleged in ten-day notice (TDN) number X94-020-179-9- 001 TV-2 (Energy Fuels Mining Company (EFMC), Raton Creek Mine, permit number C-82-055). The Raton Creek Mine is an underground coal mining operation. The TDN was issued as a result of a phase i bond release by the DMG. The violations alleged in the TDN include (1) the failure to restore the Starkville Gulch ephemeral stream channel to near original condition and (2) the failure to restore disturbed areas to approximate original contour (AOC). Part 1 of the TDN alleges that, with respect to a portion of a permanent stream channel diversion containing a culvert, the operator has failed to restore the Starkville Gulch ephemeral stream to near original condition in accordance with Rule 4.05.4(4) of the regulations of the Colorado Mined Land Reclamation Board for Coal Mining. The stream channel diversion drains an area of one square mile or greater and was approved as a permanent structure by DMG. DMG maintains that the 8-foot diameter culvert was constructed in accordance with Section 4.05.4(4) of the Colorado regulations. DMG also asserts that the permanent diversion comprising the culvert meets both hydraulic and regulatory requirements for permanent retention. Section 4.05.4(4) of the Colorado regulations allows for the construction of permanent stream channel diversions if such diversions: • are consistent with applicable State law. • would not diminish downstream water rights.