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iii iiiiiiiiniii iii <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SI ,Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-3567 <br />FAX: U0J) 832-8106 <br />December 21, 1993 <br />Mr. Greg Lewicki <br />Greg Lewicki & Associates <br />1645 Court Place, Suite 309 <br />Denver, CO 80202 <br />RE: Fruita #1 & #2 Mines (C-81-015) <br />Failure to abate NOV C-91-024 <br />Dear Mr. Lewicki, <br />of cow <br />~`~ 4 <br /><~b <br />0 <br />~ /9 ]6 ~ <br />ftoy Romer <br />Governor <br />Michael B. Long <br />Div is~on Drtecwr <br />Enclosed, please find a copy of FTACO C-93-158 for the Fruita #1 & <br />#2 Mines, permit number C-81-015. This violation was written in <br />accordance with Rule 5.03.2(3) for failure to abate NOV C-91-024 <br />which states, "Backfill & grade the upper bench area so the <br />highwalls are completely eliminated." <br />A partial inspection was conducted on December 14, 1993 by DMG to <br />determine if the abatement steps of NOV C-91-024 were completed. <br />The inspection revealed that the highwall has not been eliminated <br />as outlined in the abatement steps. Please refer to the 12-14-93 <br />inspection report for further information. <br />Rule 5.03.2(6) requires that an informal public hearing be held at <br />the mine site following issuance of a cessation order, unless the <br />right for the hearing is waived in writing by the operator. The <br />Division has notified American Shield Coal Company of the informal <br />pubic hearing. This waiver on the site hearing does not hinder the <br />normal appeal process. If the Division does not receive a response <br />by January 12, 1994 an informal public hearing will be scheduled on <br />site. <br />If you have any questions, please do not hesitate to call. <br />Sincerely, <br />~~ ~ ~~ <br />Erica S. Crosby <br />Environmental Protection Specialist <br />STATE OF COLORADO <br />Enclosure(s) <br />cc: Larry Routten m:\coal\esc\fruit\931221 <br />