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ENT OF F <br /> ■ <br /> United States Department of the Interior umm� <br /> p <br /> o OFFICE OF SURFACE MINING <br /> Reclamation and Enforcement <br /> WASHINGTON, D.C. 20240 ■ <br /> E '6C V _"" <br /> Mr. Steve Renner OCT 21 1991 <br /> Coal Program Supervisor Mined Land <br /> Mined Land Reclamation Division Reclamation D9vlslQn <br /> 1313 Sherman St., Rm. 215 <br /> Denver, CO 80203 <br /> Dear Mr. Renner: <br /> This is in response to your letter of September 17, 1991 to Mr. Allen D. <br /> Klein, Acting Assistant Deputy Director, Operations and Technical Services <br /> (ADD/OTS). You requested that the ADD/OTS intervene in the matter of <br /> Albuquerque Field Office (AFO) Ten-Day Notice ( ) X-91-02-355-001 <br /> TV2 recently sent to the State of Colorado Mined La Reclamation Division <br /> (MLRD) dealing with possible violations at the Mid-Continent Mine. You <br /> requested that the TDN at issue be withdrawn and its issuance be removed <br /> from the record. <br /> Both Mr. Robert Hagen, AFO Director, and Mr. Klein, acting for me, <br /> reviewed the facts surrounding the issuance of this TDN. Mr. Klein informed <br /> me that he concludes that the AFO is in accord with Office of Surface Mining <br /> Reclamation and Enforcement (OSM) Directive INE-35. This Directive at <br /> section 4.b. (2) provides for "deferral" of a TDN when a State Regulatory <br /> Authority agrees to take action to correct the violations and such action is <br /> taken within ten days. The AFO did not receive from MLRD the required <br /> for , t .: . t' * 'd in the TD1N within this 10- <br /> enforcement documentation fur the Jiclat: �r.S '5+e . .. <br /> day period. <br /> I am in agreement with Mr. Klein's conclusion that AFO has followed OSM <br /> policy and that TDN X-91-02-355-001 TV2 cannot be withdrawn by the <br /> agency. <br />