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r i SLURCO CORPORATION P.O. Box 281304 LAKEWOOD, COLORADO 80228-9304 ,ii iiiinmiii Telephone: (3031980-9340 October 21, 1994 RECEIVED OCT 2 4 1994 Mr. Mike Long, Director Colorado Division of Minerals and Geology 215 Centennial Building Division of Minerals 8 Geology 1313 Sherman Street Denver, CO 80203-2273 RE: Request for Vacation of Natim of Violation C-94-025, Canadian Strip Mine, Permit C-81.026 Dear Mr. long: On September 27, 1994, Mr. David Berry (during an oversight inspection with Mr. F.dzel Pugh with OSM) issued the above referenced Notice of Violation (NOV) for failure to submit the 1992 and 1993 annual hydrologic monitoring data in a timely manner. Slurco Corporation hereby requests vacation of the above referenced NOV for the following reasons: 1. The NOV cited a permit stipulation which requires that annual hydrologic monitoring data be submitted to the Division by October 31 of each year. Slurco's submittal of hydrologic information includes the pond inspection reports which are conducted quarterly. This deadline does not allow for the completion of the fourth quarter inspection and report. 2. Timeliness is a function of interpretation. The Division does not examine the data until their review of most annual hydrology reports in January of the following year, or later. The following information indicates the submittal of past annual hydrology reports and the Division review of the data: Year Date Submitted 1993 January 6, 1994 1992 November 5, 1992 1991 January 2, 1992 1990 November 28, 1990 1989 November 28, 1989 1988 January 6, 1989 1987 October 10, 1988 1986 November 14, 1986 1985 October 30, 1985 Date Reviewed by Division No Response Found January 14, 1993 January 10, 1992 No Response Found January 25, 1990 January 20, 1989 No Response Found April 13, 1987 January 21, 1986 Therefore, the AHR's for the years in question were submitted in a timely manner.