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iiiiiiiiiiiu iii 999 r! PAAGEL, MAUAO, HULTIN & SPAANSTEiA, P.G. ATTORNEYS AT LAW SUITE 3600 1601 CALIFORNIA STREET DENVER, COLORA00 60202 TELEPHONE 1303) 292-6<00 B RENT C. AN DERSON TEIECOPIER 1303) 296~30n0 R ~~~~~~© May 20, 1991 MAY 2 0 1991 rrrlined Land Reclamation Division DELIVERED BY MESSENGER Mr. Steve Renner Colorado Mined Land Reclamation Division 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: The Rockcastle Company, Grassy Gap Mine (Permit No. C-81-039) -- Notices of Violation ("NOV") C-91-002, C-91- 003 Dear Steve: The Colorado Mined Land Reclamation Division ("CMLRD") issued the above-referenced NOVs in response to two alleged violations set forth in Ten-Day Notice No. 91-2-116-4 TV3. NOV C-91-002 was issued for alleged failure to perform an examination of Sediment Ponds 1, 2, 3, 4, and 5/6 for erosion and stability. NOV C-91-003 was issued for alleged failure to conduct hydrologic monitoring. CMLRD must consider information submitted by the Rockcastle Company ("Rockcastle") in determining the existence of the foregoing violations and in determining the amount of any civil penalty which may be assessed. Rule 5.04.3. On May 6, 1991, Rockcastle submitted a letter which set forth the exceptional regulatory posture surrounding the Grassy Gap Mine, and also set forth arguments why NOVs regarding sediment pond and hydrologic monitoring should not be issued. The Rockcastle Company is hereby supplementing its May 6, 1991 responses pursuant to Rule 5.04.3(1). Both the contents of the May 6, 1991 letter, and the contents of this letter must be considered by CMLRD in determining the existence of the violations and the amount of any civil penalty. I. Rockcastle is Not Required to Perform Sediment Pond and Avdroloaic Monitoring under the CMLRD Agreement. CMLRD is well aware of, and must consider, Rockcastle's exceptional regulatory position in determining whether to enforce the NOVs. Rockcastle is currently under alternative enforcement