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J. <br />+~ <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver. CO 80203 <br />303 866-3567 <br />Fn x: 303 832-8106 <br />October 24, 1990 <br />Mr. David Canning <br />Sunland Mining Corporation <br />C/0 Pyro Mining Company <br />P.O. Box 267 <br />Sturgis, Kentucky 42459 <br />RE: Notice of Violation No. C-90-055 - Apex No. 2 - C-81-011 <br />pF'Cp~O <br />~."/~,~ r <br />Nz: r. `r•`lo <br />. ~~:~J <br />Roy Romer. <br />Gavernoi <br />F reO R. Banta <br />Division Dire:tor <br />Dear Mr. Canning: <br />Y <br />ec a Specialist <br />DAB/yjb <br />cc: Jim Stevens <br />On October 1, 1990, we issued a reminder letter requesting the third quarter <br />sediment pond inspection and the second period water quality data for the Apex <br />No. 2 mine. On October 11, 1990, we received a sediment pond inspection form <br />dated October 7, 1990, and water quality analyses sated October 7, 1990. <br />We can only conclude that there has not been any third quarter pond <br />inspection, which is a violation of Rule 4.05.6(10). Also, although the <br />approved water monitoring plan allows some flexibility, the second period <br />water sampl ing was conducted about five weeks beyond the recommended date. <br />In fact, the third period sampling is due shortly after the October 7, 1990 <br />sampling date. We therefore contend that the intent of the monitoring plan <br />has not been met, and a violation has occurred. The attached Notice of <br />Violation C-90-055 has been issued. <br />If you have evidence that a third quarter pond inspection exists, and if <br />records of a more timely second period sampling can be produced, th en it is <br />possible that the violation may be vacated. <br />Finally, we bring to your attention Rule 4.05.13(4) which requires submittal <br />of an annual hydrologic report. The report should provide a listing of data <br />collected throughout the year. If requested, we would be willing to use your <br />three sampling submittals, each year, to satisfy this requirement. Please <br />indicate your intention regarding the annual hydrology report requirement. <br />Please call with any questions. <br />Sincer ,, <br />/ id A. r <br />`~R 1 mation <br />iii iiiiiiiiiiiii iii <br />STATE OF COLORADO <br />CERTIFIED MAIL N0. P 427 45U 652 <br />Return Receipt Requested IOIOF <br />