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III IIIIIIIIIIIII III <br /> <br />PARCEL, MAURO, HULTIN & SPAANSTRA, P.G. <br />ATTORNEYS AT LAW <br />SUITE J600 <br />~B OI CALIFORMA STREET <br />DENVER. COLO RADO 80202 <br />TELEPHONE (J031292~6a00 <br />B RENT C. ANDERSON TELECO PIER IJO J129s~JOao <br />~~V ~~~~® <br />May 20, 1991 MAY 2 0 1991 <br />Mined Land <br />Reclamation Division <br />DELIVERED SY ME88ENGER <br />Mr. Steve Renner <br />Colorado Mined Land Reclamation Division <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: The Rockcastle Company, Grassy Gap Mine (Permit No. <br />C-81-039) -- Notices of Violation ("NOV") C-91-002, C-91- <br />003 <br />Dear Steve: <br />The Colorado Mined Land Reclamation Division ("CMLRD") issued <br />the above-referenced NOVs in response to two alleged violations set <br />forth in Ten-Day Notice No. 91-2-116-4 TV3. NOV C-91-002 was <br />issued for alleged failure to perform an examination of Sediment <br />Ponds 1, 2, 3, 4, and 5/6 for erosion and stability. NOV C-91-003 <br />was issued for alleged failure to conduct hydrologic monitoring. <br />CMLRD must consider information submitted by the Rockcastle <br />Company ("Rockcastle") in determining the existence of the <br />foregoing violations and in determining the amount of any civil <br />penalty which may be assessed. Rule 5.04.3. On May 6, 1991, <br />Rockcastle submitted a letter which set forth the exceptional <br />regulatory posture surrounding the Grassy Gap Mine, and also set <br />forth arguments why NOVS regarding sediment pond and hydrologic <br />monitoring should not be issued. The Rockcastle Company is hereby <br />supplementing its May 6, 1991 responses pursuant to Rule 5.04.3(1). <br />Both the contents of the May 6, 1991 letter, and the contents of <br />this letter must be considered by CMLRD in determining the <br />existence of the violations and the amount of any civil penalty. <br />Rockcastle is Not Reouired to Perform Sediment Pond and <br />Hvdrolo~ic Monitorinu under the CMLRD AareementMonitorinu under the CMLRD Agreement. <br />CMLRD is well aware of, and must consider, Rockcastle's <br />exceptional regulatory position in determining whether to enforce <br />the NOVs. Rockcastle is currently under alternative enforcement <br />