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,~ . <br />:~ <br />iii iiiiiiiuiiii iii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />I l I1 Sherman 51., Rwm 215 <br />Drnver. Colorado BO207 <br />I'hunt•: 11011 R66-7567 <br />F~%. t 11131 R32 8106 <br />June 13, 1994 <br />Mr. Bryan J. Archer <br />Sun Coal Company <br />10200 West 44th Ave., Suite 120 <br />Wheat Ridge, CO 80033 <br />RE: Meadows Mine (C-81-029) <br />Request for Vacation of NOV's C-94-010 and 011 <br />Dear Mr. Archer: <br />~~~~~ <br />DEPARTMENT OI <br />NATURAL <br />RESOURCE <br />kuy knm r. <br />({urrnuu <br />Ken S.J,a n~ <br />F.er ~i~.~.• one. i~,~ <br />bLChdrvl R. Lung <br />o~.~~.~nn o~,e,.... <br />This letter is in response to your letter of June 7, 1994 <br />requesting vacation of the above referenced Notices of Violation. <br />NOV C-94-010 was issued for failure to design, construct, maintain <br />and certify the northwest sediment trap in compliance with Rule <br />4.05.9(2) and (lo). Based upon staff recommendations and your <br />letter, I am vacating NOV C-94-010. A "Vacation of Notice of <br />Violation or Cessation Order" is enclosed. <br />The problems with the sediment trap identified in this NOV need to <br />be corrected in the Meadows Mine permit application. Accordingly, <br />the Division requires that a complete application for a Technical <br />Revision be submitted by June 24, 1994. The revision must address <br />the requirements of Rule 4.05.9 regarding temporary impoundments, <br />as they relate to the sediment trap cited in the NOV. Any <br />necessary modification to the sediment trap must be implemented <br />following approval of the revision and prior to August 23, 1994, <br />which is 90 days after the inspection. <br />NOV C-94-011 was issued for failure to conduct rill and gully <br />monitoring as outlined in the Meadows Mine permit application. Sun <br />Coal cites improper regulatory citations and a lack of evidence as <br />justifications for vacating the NOV. After reviewing the facts, it <br />appears the proper citations were made, and that ample evidence of <br />a violation exists. I am not vacating the NOV at this time. I <br />encourage you to arrange for an informal assessment conference if <br />you wish to pursue your request for vacation. <br />