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PARCEL, MAURO, HULTIN & SPAANSTI~A, P.G. <br />Mr. Steve Renner <br />May 20, 1991 <br />Page 3 <br />CMLRD. Thus, Rockcastle has substantially complied with the <br />provisions of the Permit, and therefore NOV C-91-002 should be <br />vacated.2 <br />Rockcastle also conducted surface water monitoring pursuant to <br />the terms of its NPDES permit. This is in substantial compliance <br />with the monitoring re fired under the Permit for the mine's <br />current inactive status ~ Rockcastle has substantially complied <br />with the terms of the Permit, and therefore NOV C-91-003 should be <br />vacated. <br />Thank you for consideration of the foregoing factors. Please <br />do not hesitate to contact me if you have any questions regarding <br />the content of this letter or if I can be of further assistance in <br />this matter. <br />Sincerely, <br />PAR L, MAURO, HULTIN AND SPAANSTRA, P.C. <br />ent ~~ so <br />ATTORN YS FOR THE ROCKCASTLE COMPANY <br />BCA:pjh <br />cc: Dean R. Massey, Esq. <br />David J. MacDougall, Esq. <br />Mark Korb, Esq. <br />Cathy Begej <br />CMLRD alleges that Rockcastle violated Rule 4.05.6(13). <br />This is not possible because this regulation became <br />effective on January 14, 1991, long after the date of the <br />alleged violation (September 1990). Moreover, if any <br />violation occurred, it was pursuant to Rule 4.06.10, as <br />subsequently modified by the applicable Permit <br />provisions. <br />The Grassy Gap Mine has been in temporary cessation since <br />1985. No substantial reclamation activities, with the <br />exception of backfilling Pit 4 in 1990, have been <br />conducted since 1985. Moreover, the site's monitoring <br />status is "inactive" rather than "active" as alluded to <br />by CMLRD in NOV C-91-003. <br />