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iii iiiiiiiiiiiu iii <br />999 <br />SLURCO CORPORATION <br />P.O. Box 281304 <br />LAKEWOOD, COLORADO 80228-9304 <br />RFr,FIVF[~.etephone: (3031980-9340 <br />February 9, 1995 FEB ~ p ~q95 <br />Mr. David Berry Division 01 minetdis d ue0logy <br />Colorado Division of Minerals and Geology <br />1313 Sherman, Room 2l5 <br />Denver, CO 80203 <br />Subject: NOVs C-94-024, C-94-025, C-94-026, and C-94-027, Canadian Strip Mine, SLURCO Corporation, C- <br />81-026 <br />Dear Mr. Berry, <br />SLURCO requests a Board Review of Notices of Violation C-94-024, C-94-025, C-94-026, and C-94-027 in a <br />public hearing per Rule 5.03.5(1)(d) before the Board. These violations were issued based on a broad interpretation <br />of the law for matters which typically are resolved by communication outside of the enforcement process, but for <br />which dre Division chose in this instance to issue a violation without the benefit of an on-site inspection with an <br />employee representative. <br />In addition, SLURCO seeks a Declazatory Order on Rule 5.02.2(6), specifically that portion of the regulation which <br />states that "The inspections shall occur without prior notice to the permittee or his agents or employees, except as <br />necessary for on-site meetings with the permittee." SLURCO recognizes the Division's need to perform random <br />inspections, but fmds that the policy presents considerable inequities between operators of active operations and <br />operators or their agents of inactive operations. There is always an individual on site to communicate with the <br />Division's representative at an active operation, but there typically is not an individual at a reclaimed site. <br />SLURCO would like to have prior notification of all inspections, particularly [hose inspections in which an <br />individual inspector unfamiliaz with the property is performing the inspection. SLURCO believes that such a policy <br />would fall within the exclusion provided in Rule 5.02(2)(6). <br />This site is in the last two years of the Bond Liability period and has received Phase lI bond release. There has <br />not been afull-time employee at the site since 1986. Records for the quarterly, complete inspcetions are retained <br />at the Courthouse. As these insignificant violations indicate, the need for communication between the Division and <br />the operators or their agents of reclaimed sites would be substantially improved if the Division invited the operators <br />to accompany them during inspections. <br />Greystone is representing SLURCO in this issue. Please notify us at your earliest convenience about the date of <br />the Board Hearing. <br />Sincerellly,,,,,~~~ ~ <br />Jerry H. Koblitz l ~/ <br />Principal <br />ce.SLURCO <br />