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• • iii iiiiiiiiiiiiiiii <br />~,~°~~g STATE OF COLON ~ <br />Roy Romer, Gove~ <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, Dlreetor <br />March 9, 1988 <br />Mr. David Canning <br />Sunland Mining Corporation <br />c/o Pyro Mining Company <br />P. O. Box 267 <br />Sturgis, Kentucky 42459 <br />P.e: Apex No. 2 Mine - Notice of Violation C-88-011; Permit No. C-81-011 <br />Dear Plr. Canning: <br />In response to concern 5 of our January ?5, 1P88 permit renea~al (PF!) Flo. 1 <br />adequacy letter, you specified that "It appears that only one sampling of <br />Trout Creek and the alluvial well was conducted in 1987." The approved <br />monitoring program at page 65.06 specifies this monitoring shall he done <br />tri-annually (ie.: early spring, mid-summer, and in the fall 1. Also, the <br />approved monitoring plan at pane 65.06 further specifies a mine inflow study <br />and sump water analysis will be performed annually. This has not been done. <br />Lastly, in response to RN Flo. 1 adequacy concern 11, you alluded that the <br />required quarterly sediment pond inspections have never heen done and that <br />such a program will commence sometime in June, 1988. <br />The Division has previously issued you an enforcement action pertaining to <br />failure to perform required hydrologic monitoring. This previous enforcement <br />action, Notice of Violation C-86-007, was issued to Sunland on January ?R, <br />1986. <br />Being in temporary cessation does not, unfortunately, alleviate an operator <br />from conducting the required hydrology monitoring program or inspecting the <br />sediment pond. As referenced in our January 31, 1986 letter concerning your <br />notice of temporary cessation, "Please be advised that you will continue to be <br />responsible for all environmental monitoring and facility maintenance required <br />by Permit No. C-011-81." Such environmental monitoring includes hydrologic <br />monitoring. <br />Since the Division has identified a number of hydrology - related violations, <br />it is necessary for us, as mandated by the law, to issue the enclosed <br />enforcement action, <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />