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• III 1111111111111111 ° U <br />STA~ OF ~,...LB:.;~.~ ~O <br />MINED LAND RECLAMATION DIVISION f =~ <br /> <br />Department of Natural Resources o <br />ti <br />1373 Sherman St., Room 215 ' ~; <br />~ <br /> <br />Denver. CO 80203 ~ <br />; <br />,^" <br />303 666.3567 ~~"'-~ ~~ <br />'B" <br />FAX: 303 632-8106 <br />Roy Rmpr. <br />Gove.rv~ <br />Fred R. Banta. <br />March 15, 1990 Division D:renor <br />Mr, David Canning <br />Sunland Mining Corporation <br />C/0 Pyro Mining Company <br />P.0. Box 267 <br />Sturgis, Kentucky 42459 <br />RE: Notice of Violation C-89-031 - Apex No. 2 - C-81-011 <br />Dear Mr. Canning: <br />Tnis letter is accompanied by an "Extension of the Time for Abatement for Coal <br />Operation" and a "Modification of Notice of Violation or Cessation Order for <br />Coal Operations". Your request to extend the Abatement No. 1 deadline to <br />April 30, 1990 has been granted; however, the Notice of Violation has also <br />been modified significantly, <br />Specifically, Abatement step No. 1 now reads as follows: <br />MAINTAIN THE ENTIRE DRAINAGE CONTROL SYSTEM SO THAT ALL DITCHES AND <br />CULVERTS ARE CLEAR OF DEBRIS, AND SO THAT EACH AND EVERY DRAINAGE CONTROL <br />FEATURE SHOWN ON PLATE 1 IS IN PLACE AND <br />E D, P l O L R A N A R , <br />It is imperative that you understand the implications of this modification. <br />If on Play 1, 1990 we find that the Aoex No. 2 mine has not been maintained in <br />strict compliance with the approved drainage control plan, a Cessation Order <br />wi a issued for failure to abate a Notice of Violation as required. Such <br />issuance will involve civil penalties in the amount of b750 per day from the <br />April 30, 1990 date. Please understand that this means every ditch, berm and <br />culvert specified on Plate 1 must be maintained in accor3ance with the design <br />re auirements of Permit No. C-81-071. <br />Numerous ditches are no longer in existence and several culverts are no lona_er <br />in place. These must be replaced unless a technical revision is approved <br />prior to April 30, 1990. If you believe that the existing plan is not <br />practical, then we strongly recommend that you request approval of a more <br />practical plan, If you chose to submit a technical revision application, <br />final approval will not occur until the required public comment period has <br />expired. Regardless, the site must be in strict compliance with either the <br />currently approved plan or some other approved plan no later than April 30, <br />1990 to avoid issuance of a Cessation Ord and additional civil penalties. <br />