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<br />DIVISION OF MINERALS AND GEOLOGY <br />Dcpanmcm of Nawral Resources <br />I t 13 $Ircrman $I., Room 215 <br />ncnver, Colorado 80203 <br />Phone 17031 866 3567 <br />FA%:13(171 fl32-8106 <br />I~~ <br />DEPARTMENT O <br />NATURA] <br />RESOURCE <br />June 13 , 1994 R.., a,~~„•r <br />c.,~,r mr„ <br />Mr. Bryan J. Archer Kr•„~.~~,,r.~~ <br />Sun Coal Company c.,'r°°'iD°'"~^~ <br />10200 West 44th Ave., Suite 120 M~rna~lair~^~ <br />Wheat Ridge, CO 80033 "~~""'~o"~`~°' <br />RE: Meadows Mine (C-81-029) <br />Request for Vacation of NOV's C-94-O10 and Oll <br />Dear Mr. Archer: <br />This letter is in response to your letter of June 7, 1994 <br />requesting vacation of the above referenced Notices of Violation. <br />NOV C-94-010 was issued for failure to design, construct, maintain <br />and certify the northwest sediment trap in compliance with Rule <br />4.05.9(2) and (10). Based upon staff recommendations and your <br />letter, I am vacating NOV C-94-010. A "Vacation of Notice of <br />Violation or Cessation Order" is enclosed. <br />The problems with the sediment trap identified in thi <br />be corrected in the Meadows Mine permit application. <br />the Division requires that a <br />Revision be submitted by <br />the requirements of Rule <br />as they relate to the <br />necessary modification i <br />following approval of tY <br />which is 90 days after t <br />iii iiiiiiiiiiiiiiii <br />STATE OF COLORADO <br />complete application for <br />June 24, 1994. The revision <br />s NOV need to <br />Accordingly, <br />a Technical <br />must address <br />4.05.9 regarding temporary impoundments, <br />sediment trap cited in the NOV. Any <br />o the sediment trap must be implemented <br />e revision and prior to August 23, 1994, <br />3e inspection. <br />NOV C-94-011 was issued for failure to conduct rill and gully <br />monitoring as outlined in the Meadows Mine permit application. Sun <br />Coal cites improper regulatory citations and a lack of evidence as <br />justifications for vacating the NOV. After reviewing the facts, it <br />appears the proper citations were made, and that ample evidence of <br />a violation exists. I am not vacating the NOV at this time. I <br />encourage you to arrange for an informal assessment conference if <br />you wish to pursue your request for vacation. <br />