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• III IIIIIIIIIIIII III • <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION oF;~oc~ <br />Department of Natural Resources ti~R9 <br /> <br /> <br />1313 Sherman St.. Room 215 <br />Denver, CO 80203 $ <br />N~'ii <br />~ M ~ ~_ ~ <br /> <br />303 866-3567 r + <br />~ <br />~ <br />' <br />FAX~303 832-8106 re <br />~a <br /> Roy Ramer, <br /> Governor <br /> Fred R. Banta. <br /> Division Director <br />DATE; July 31, 1991 <br />T0: David Bucknam <br />FROM: David Berry <br />RE: Request to Vacate NOV C-91-007 - Fruita No. 1 and No. 2 Mines <br />Permit No. 76/60/UG/C; File No. C-81-015 <br />Your review of a petition to vacate Notice of Violation (NOV) C-91-007 is <br />hereby requested. On July 12, 1991, we issued NOV C-91-007 for the alleged <br />violation described in page 3 of the NOV. The problem was discovered during <br />an Office of Surface Mining (OSM) oversight inspection, which occurred <br />June 4, 1991, and we decided to issue the NOV as discussed in our <br />July 15, 1991 response to the OSM. <br />Operators are normaliy required to submit quarterly pond inspection reports, <br />for the life of the mine permit. At the time of our inspection, it was <br />discovered that no such reports had been filed, nor had they been stored in <br />the area of the mine, as required by Rule 4.05.6(10). Between the time that <br />we conducted the inspection, and the time that the Ten Day Notice was received <br />(July 5, 1991), we received the June 27, 1991 letter for Lewicki which <br />included a pond inspection report. On July 1, 1991, Randy approved an annual <br />submittal frequency. <br />The operator suggests that because he submitted evidence of two pond <br />inspections, one on February 1990, and one on March 30, 1991, the NOV should , <br />be vacated. It is my .belief that although the violation is a minor one, the <br />violation did occur. We approved the one year submittal frequency after the <br />discovery of a problem, and we have yet to receive evidence that the reports <br />are filed in the area of the mine. It is also important to reiterate that <br />this problem was specifically referenced by the OSM as a Ten Day Notice Item. <br />Your response by Friday, August 2, 1941. would be very much appreciated. <br />Thanks. <br />~~ <br />7365E/scg (7 r , <br />