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III IIIIIIIIIIIIIIII <br />999 <br />Wyoming Final Compony <br />12055 W. Second Place • P.O.BOx15596 • Lakewood, Colorado 80215 • Telephone (3031989-5037 <br />June 3, 1985 ~ ~? ~ ~,_ <br />~... - <br />Mr. Gregg Squire <br />Reclamation Specialist <br />Colorado Mined Land Reclamation <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />RE: Notice of Violation C-85-042, issued May 24, 1985, Wyoming Fuel Company, New <br />Elk Mine, Permit No. C-012-81 <br />Dear Mr. Squire: <br />Wyoming Fuel Company is submitting the following information for consideration in <br />determining the facts of the above referenced Notice of Violation. <br />The Notice of Violation was written for failure to dispose of non-coal waste in a <br />controlled manner in a designated area. The CMLRD inspection was apparently in <br />response to the OSM ten day notice which the CMLRD had previously not considered a <br />problem, yet the OSM considered the CMLRD's response to this ten day notice <br />inappropriate. The area in question has been used as a dump site since 1950. Wyoming <br />Fuel Company has not used this site as a non-coal waste disposal area since acquisition of <br />this property in December, 1983. All materials since the acquisition were generated and <br />disposed of by the preparation plant contractor (T.I.C.) during their move out. <br />Prior to any dirt placement, on May 23, 1985 you inspected the dump area with Mr. <br />Jack Snow. At this time Mr. Snow asked you if you had any suggestions prior to cleaning <br />the area. You recommended oil cans (5 gallon buckets) and a 55 gallon drum be removed. <br />It was Mr. Snow's understanding, as a result of no additional comments or <br />recommendations, atacit approval had been given to cover the waste dump area. <br />On May 24, 1985 you issued an NOV for backfilling the refrigerator and tires. The <br />question of whether or not the refrigerator and tires were buried is unanswered. Even if <br />they were buried, Wyoming Fuel Company has not violated the intent or the performance <br />requirements of Section 34-33-121 or rule 4.11.1. <br />Wyoming Fuel Company hereby requests this violation be vacated. <br />Sincere , <br />~~ <br />David M. Stout <br />Environmental Coordinator <br />DMS/tl <br />cc: Mike Kolin <br />Jack Snow <br />Bob Morehead <br />