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III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031 866-3 567 <br />FAX: 13031832-8106 <br />January 24, 1995 <br />Bryan J. Archer <br />Sun Coal Company <br />10200 West 44th Avenue, Suite 120 <br />Wheat Ridge, Colorado 80033 <br />RE: Meadows #1 Mine (C-81-029) <br />Notice of Violation No. C-94-036 <br />Deaz Mr. Archer: <br />I~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Goverrwr <br />lames 5. Lochhead <br />Ezttutive DIfMOr <br />Michael B. Long <br />Division Director <br />I have reviewed Michael Savage's request, on your behalf, that I vacate the above mentioned <br />notice of violation. Based on the information presented by Sun Coal Company and the Division <br />staff, I find that the Northwest Trap was in violation at the time of the November 30, 1994 <br />inspection. <br />There is not amnple evidence to show that Sun Coal Company diligently pursued resolution of <br />the permitting defect identified in my June 13, 1994 letter to Sun Coal Company. That letter <br />regmred that any on the ground work to correct the Northwest Sediment Trap spillway defect <br />be complete on or before August 23, 1994. The Division and Sun reached an agreement for <br />rectification of the problem on September 7, 1994. That agreement called for removal of six <br />lateral collection ditches in the reclaimed pat area. On October 17, 1994, Sun notified the <br />Division that only three ditches had been removed. On November 23, 1994, Sun informed the <br />Division that the sediment trap would not function as modified. Although it is now apparent <br />that removal of all six ditches may not have corrected the problem, there also is not a <br />preponderance of evidence to show that Sun pursued a final resolution in a timely manner. <br />Although the Division and Sun were in contact regazding solutions to the problem, at the time <br />of the November 30, 1994 Division inspection, the permLt defect had yet to be corrected. The <br />problem still existed more than three months after the required modification date. Therefore, <br />I cannot justify vacating the notice of violation. <br />If you have questions or are in need of additional information, please contact me. <br />Sincerely, <br />5~~ <br />Michael B. Lon <br />Director <br />c: Michael S. Savage, Savage and Savage <br />