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<br />iii iiiiiiiuiiuiii <br />Sun Coal Company <br />10200 West 44th Ave., Ste 120 <br />Wheat Ridge, CO 80033 <br />(303) 422-8064 <br />FAX (303) 467-0714 `~ ~ ~~ ~ ~' <br />tune 7, 1994 `IAN $ 1994 <br />Mr. Michael B. Long, Director Crrs"r ~•; A"•"'~~~~e, c C:GC;~;nc <br />Colorado Division of Minerals and Geology <br />Centennial Building <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Request for Vacation, Notices of Violation C-94-O10 and C-94-011 issued to the <br />Meadows iy 1 Mine (file C-81-029) <br />Dear Mr. Long: <br />Sun Coal Company is requesting that you vacate Notices of Violation (NOV) C-94-010 and <br />C-94-011, issued to the Meadows N 1 Mine. NOV C-94-010 was issued for, "failure to <br />design, construct, and maintain the Northwest Impoundment to provide for either a <br />combination of principal and emergency spillways, or a single open channel spillway to safely <br />pass a 25-year, 24-hour precipitation event; and failure to certify the construction (as designed) <br />of the Northwest Impoundment." NOV C-94-O1 l was issued for, "failure to conduct till and <br />gully inspections. <br />Sun Coal believes that the issuance of these NOV's was precipitated by pressure from Office <br />of Surface Mining inspectors during a joint oversight inspection. Such pressure, we believe <br />resulted in issuance of the NOV's prematurely without complete investigation of the approved <br />permit or the historical perspective surrounding these situations. Although Mr. Michael <br />Savage discussed the alleged non-compliances with Mr. Larry Routten on May 25, 1994, prior <br />to their issuance, and asked for a delay in issuance, Division staff felt compelled to issue the <br />NOV's from the field, again based on pressure and historical experiences with OSM. Sun <br />Coal believes that when you review the facts surrounding both NOV's you will conclude, as <br />we did, that both should be vacated. We would appreciate your earliest review and response <br />to our request for vacation. <br />