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(y <br /> <br />OSM - Assessment Office <br />April 18, 1980 <br />Page 2 <br />Since that date, no reinterpretation of the state or <br />federal requirements has been made known to the operator. <br />The operator has, as a matter of good business practice, <br />periodically obtained water samples from the Grassy Creek <br />drainage, even though there is no specific requirement for <br />such action within the existing permit. <br />Prior to the visit of Mr. Fritz, the operator and the <br />operator's representatives have met with representatives of <br />the Colorado Mined Land Reclamation Board to discuss and <br />forumulate the scope of required information to be submitted <br />to the state for the new permit to be obtained under the <br />permanent program. Included in those discussions have been <br />the matter of additional data on both ground and surface <br />water. The operator is in the process of associating itself <br />with the necessary experts to obtain the necessary baseline <br />data for the new permit submittal: <br />'4~ <br />1 i. 4' <br />rI <br />I respectfully urge that the Notice of Violation issued <br />by Mr. Fritz is inappropriate because there had been prior <br />approval by the state regulatory authority of operation. <br />without a specific ground water or surface water monitoring <br />programming. I also urge that the circumstances do not <br />necessitate the implementation of any ground or surface <br />water monitoring program at this time independent of the <br />efforts which the operator is expending with the goal of <br />obtaining appropriate baseline data for the permanent permit <br />application. <br />Sincerely yours, <br />MARCH, MARCH, <br />& CARROLL <br />MYATT, <br />3.~z1~ <br />MLK:jf <br />cc: Mr. ary Fritz <br />St e of Colorado Department of <br />atural Resources <br />Attn: Mr. Dean Massey <br />The Rockcastle Company <br />Mr. William J. Ryan <br />Mr. Tommy Raye <br />Mr. David MacDougall <br />~. <br />