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~i III IIIIIIIIIIIII III ~ 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman 51., Room 215 Denver, CO 80?03 Phone: (3071 866-3567 FA%:13031 Bl?-8106 October 19, 1992 Mr. Robert Hagen, Director Albuquerque Field office Office of Surface Mining and Reclamation Enforcement 505 Marquette, NW, Suite 1200 Albuquerque, NM 87102 RE: TDN X-92-020-244-2 TV2, Colowyo Mine (C-81-019) Dear Mr. Hagen: pF' COQ Me . j :i;'{a ~~~~.~ I~•tr! Roy Ramer Governor Michael B Long Division Direcror The Colorado Division of Minerals and Geology received the above referenced Ten Day Notice on October 14, 1992. This letter serves as the Division's response to that TDN. Issue 1 A violation of Rule 4.06.1 for failure to remove topsoil from the Section 15/16 diversion ditch prior to disturbance is alleged in the TDN. The Division contends that there is no violation, therefore no enforcement action is being taken. Rule 4.06.2(2)(a) of the Colorado regulations authorizes the Division to grant a variance from topsoil removal for good cause shown. The regulations state, areas that "may qualify for a variance are: ... areas where removal would result in needless damage to soil characteristics". In its Proposed Decision and Findings of Compliance for Permit Revision No. 1 at the Colowyo Mine, dated June 4, 1992, the Division made a specific finding for topsoil removal variances in accordance with Rule 4.06.2(2)(a) (page 26 of the Findings). Paragraph two, page twenty-five of that same Findings document refers to page 4.06.1 of the Colowyo permit application for details of these variances. Paragraph four of page 4.06-1 contains a discussion of topsoil removal variances for ditches, particularly those on steep slopes. The applicant maintained that removal of topsoil in these areas would needlessly disturb larger areas than needed for construction of the ditch.