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_ ~~. <br />_; <br />III IIIIIIIIIIIIIIII <br />Sun Coal Company <br />10200 West 44th Ave., Ste. 120 ~~~ ~ 1 1994 <br />Wheat Ridge, CO 80033 _ ~ ;.,., .. ,;; ~ ~ , <br />(303) 422-8064 <br />FAX (303) 467-0714 <br />July 29, 1994 <br />Mr. Luke Danielson, Chair <br />Colorado Mined Land Reclamation Boazd <br />c/o Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Notice of Violation C-94-012 issued to the Meadows 1i 1 Mine (file C-81-029) <br />Dear Mr. Danielson: <br />Pursuant to CRS 34-33-124(1)(a) and Rule 5.03.5(1)(a), Sun Coal Company is requesting <br />a formal public hearing before the Colorado Mined Land Reclamation Board to decide the <br />merits of Notice of Violation (NOV) C-94-012 issued to the Meadows 1/ 1 Mine on May <br />25, 1994. Sun Coal further requests review of the amount of any civil penalty to be <br />levied in this action, should issuance of the notice of violation be upheld by the Board. <br />This NOV was issued for "failure to submit, to the Division by a registered professional <br />engineer, copies of reports of inspections of ponds and impoundments' at the Meadows <br />No. 1 Mine. <br />There are several issues Sun Coal is concerned with in the issuance of this notice of <br />violation. <br />First, Sun Coal had the required reports present at the mine site for inspection. The <br />Division inspector was aware of this fact, and was shown the reports. During the <br />assessment conference on this NOV, the Division inspector expressed frustration at not <br />having the reports regularly sent to the Division on a quarterly basis. Instead of asking <br />for a copy during the inspection at the mine site, the Division inspector issued the citation, <br />escalating a easily solved concern into an enforcement action. Sun Coal believes this <br />action was taken based on the presence of the oversight agency, OSM, and was <br />unnecessary. <br />Second, Sun Coal has received contradictory instructions as to the requirement for <br />submission of pond and impoundment self inspection reports. Rule 4.05.6(13) states in <br />