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;. <br /> iii iiiiiiiiniiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Nmural Resources <br />1313 Sherman St., Room ? 1 i <br />Denver. Colorado 80203 DIVISION O F <br />Phone: 1303) 866-3567 MINERAL $ <br />FAX: (3031 8328106 & <br />November 12, 1999 G E O L O G Y <br /> RECLAMATION <br /> MINING•SAFE7Y <br />Mr. Richard A. Mills <br />Colorado Yampa Coal Corp. all ovens <br />29587 Routt County Road No. 27 c°"e`"°r <br />Oak Creek, Colorado 80467 Greg E. Walther <br /> Executive Director <br /> Michael B. Long <br />Re: Notice of Violation No. CV-1999-008 -Eckman Park Mine -Permit No. C-1981-071 Division Director <br />Dear Mr. Mills; <br />Following your original request for violation of the above referenced NOV, Colorado Yampa Coal <br />Company (CYCC) requested an Assessment Conference. That Assessment Conference, in which you <br />participated, was conducted in our offices on November 4, 1999. Dr. James A. Pendleton, PhD., served as <br />the Assessment Conference Officer. Subsequent to the conduct of the Assessment Conference, Dr. <br />Pendleton has recommended that I reconsider vacation of this NOV. <br />The NOV was issued for; "Failure to conduct ground water monitoring in accordance with the approved <br />plan. Required fall 1997 field and laboratory sampling was missed and spring 1998 laboratory sampling <br />was missed for ground water wells 026-SP-1, 026-SP-2 and 026-SP-3." Following issuance of the NOV, <br />CYCC demonsvated that all the required data had been collected, but that a failure had occurred in it's <br />Annual Hydrology Report preparation. Further, within one day following issuance of the NOV, CYCC <br />had cured any failing in it's data repotting. <br />It is now evident that no data collection oversight occurred. The only fault on CYCC's part was a failure <br />in its preparation of the Annual Hydrology Report. These facts having come to light through the <br />Conference Process, I have reconsidered my earlier opinion. It is my decision that NOV CV-1999-008 can <br />be vacated based upon the evidence presented. Please ensure that future reporting activities occur in an <br />efficient manner so as to avoid future compliance problems. <br />i <br />ti t ~ `' l <br />,~=~,~ ~J.~' <br />Division Director r-(~ /~/j rj ~ <br />Sincerely, <br />~~ ~~~/ <br />Michael B. Long <br />cc: Kent Gorham <br />Dan Hernandez <br />Dave Berry <br />dot: M:\CoaIUAPWsesConf\VAC99008.wpd <br />jp/mbl/hhp <br />