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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman Si., Roam 215 <br />Denver, CO 80203 <br />303 866-3567 <br />Fa x: 303 832-8106 <br />DATE: January 13, 1992 <br />TO: David Berry <br />FROM: Susan Morrison <br />pF' CO,O <br />~~~ P9 <br />~`~ o <br />.:~., i?,~ Q~ <br />~ ~e~76 s <br />Roy Romer, <br />Governor <br />Fretl R. Banta. <br />Division Director <br />RE: Notice of Violation #C-91-038 <br />This memo is written to summarize the circumstances surrounding the <br />issuance of Notice of Violation #C-91-038, issued to the American <br />Shield Coal Company on December 27, 1991. <br />On December 19, 1991, a complete inspection of the Fruita #1 and #2 <br />Mines was conducted. During the inspection it was observed that <br />the sedimentation pond at the site had not been reconstructed to <br />establish separate and distinct spillways, as required by Rule <br />4.05.6. At the time of the inspection, the Division had not yet <br />received a technical revision for the pond reconstruction from the <br />American Shield Coal Company. <br />On May 15, 1991, Steve Renner issued a notice to coal mine <br />permittees requiring that all sedimentation ponds implementing <br />combination spillways be modified in order to comply with Rule <br />4.05.6. The memo required that all modifications be complete on or <br />before September O1, 1991. <br />