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~ III IIIIIIIilllll III 999 MINED LAND RECLAMATION DIV1S10N Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 303 6663567 FA x: 303 632-8106 pF CO~Oy 1~ .~~~~~ re76 ~ Roy Romer. Governor Fretl R. Banta. March 29, 1990 Division Director Mr. Robert T. Johnson Cyprus Orchard Valley Coal Co. P.O. Box 1299 Paonia, CO 81428 Re: NOV C-90-008, Orchard Valley Mine, C-81-038 Dear Mr. Johnson: I have received your reouest for vacation of Notice of Violation C-90-008. This violation was issued by the Division on February 16, 1990 for "Failure to ... implement the repair of the West Portal cut failure in accordance with approved Minor Revision 62." Your February 28, 1990 letter reouesting vacation is based on an assertion that the repair work has not yet been completed. Yet your letter dated February 7, 1990 indicates that the work was completed on approximately November 18, 1989. Your letter also indicates that no deadline was imposed for completion of MR 62 work. I have inquired of my staff why MR 62 did not have a completion deadline. They have indicated that MR 62 work was to be done in conjunction with repairs at the West Ridge Waste Pile, which had a completion deadline of November 12, 1989. Finally, both letters dated February 7, 1990 and February 28, 1990, indicate that the work done at the West Portai did not conform with the approved plan. Therefore, I cannot vacate this NOV at this time based on the evidence in the file. Rather I suggest you pursue review of this NOV at an assessment conference. At that time you may forward these and arty other arguments that are applicable as to whether the violation occurred. Sincerely, 1/ F, D B TA Director FRB/ern cc: Jeff C7apton, MLRD STATE OF COLORADO 5497E