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<br /> <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />t3t3 Sherman St., Room 2t5 <br />Denver. CO 80203 <br />303 866-3567 <br />Fn x. 303 832~8t06 <br />r~>Q <br />N;: ,~:.ns 1 <br />.~.,\ ~ J. <br />~ ~6. <br />Roy Romer <br />Governor <br />October 24 1990 Fretl R. Barra. <br />, Drvison Director <br />Mr. David Canning <br />Sunland Mining Corporation <br />C/0 Pyro Mining Company <br />P.O. Box 267 <br />Sturgis, Kentucky 4L459 <br />RE: Stream Buffer Zone/Small Area Exemptions - Apex No. 2 - C-81-011 <br />Dear Mr. Canning: <br />On September 25, 1990, the Uffice of Surface Mining (OSM) conducted an <br />oversight inspection of the Apex No. 2 mine. As a result of the Inspection, <br />the attached Ten-Day Notice (TDNI number X-90-2-116-4 TV 2 was issues. The <br />TDN alleges that two violations of State Law or Regulation existed at the time <br />of the inspection, ano the OSM is questioning the Colorado Mined Land <br />Reclanation Division's (memo) failure to issue violations as outlined in the <br />TDN. the MLRD has argued that both items involve minor permit deflects, and as <br />such, our initial position is that enforcement actions are not warranted. It <br />should be emphasized, however, that the OSM has correctly identified two <br />situations where the regulations have not been completely satisfied. <br />Therefore, in lieu of cur issuing two Notices of Violation, we must take the <br />following actions: <br />1. Pursuant to Rule 4.05.18 (Stream Buffer Zones), the MLRD hereby <br />designates those areas which are located within the permit <br />boundary, and which are located beti,aeen the permitted disturbed <br />area and Trout Creek, as a Stream Buffer Zone. The MLRD also <br />hereby reiterates that there shall oe no mine relateo activity <br />within Trout creek. Furtherrzpre, we hereby require Sunland Mining <br />Corporation to post the Stream Buffer Zone area with proper signs. <br />The requirements discussed above do not require any change to the <br />currently approved disturbed area. The requirements are only <br />intended to more clearly establish and protect those areas which <br />are not already disturbed. <br />2. No later titan November 30, 1990, submit a minor revision which <br />provides a map showing the Buffer Zone areas. Also include a <br />specific commitment to properly sign the areas upon approval of the <br />minor revision. <br />3. No later than November 30, 1990, submit a minor revision which <br />provioes the demonstration required at Rule 4.05.2(3)(x). The <br />demonstration applies to the two previously approved "small area <br />exemptions". <br />a III IIIIIIIIIIIIIIII <br />STATE OF CULUKAllU <br />