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E G. WFFITE P.E <br />iiiiiiiiiiiiiiuiii <br />999 <br />1650 M. STREET PENROSE, COLORADO 81240 <br />June 21, 1993 <br />Shawn E. Smith <br />Reclamation Specialist <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 60203 <br />Re: Twin Pines No. 2 Mine, <br />No.93-81 <br />Dear Ms. Smith: <br />RECEIVED <br />JUN 241993 <br />Division of ~aine~ais 8 Geology <br />(C-83-058), Notice of Violation <br />Reference is made to subject Notice of Violation for the roadside <br />ditch ad9acent to the road from the Lewis Gulch Fill area to the <br />Mine Site Bench. Needless to say I am some what confused at this <br />point after reading the N.O.V. and the OSM Inspection Report. If <br />I read the OSM report correctly, the Mine is in compliance with <br />the Standards for Hydrologic Balance but after review of a N.O.V. <br />issued and vacated last year for the roadside ditch found that it <br />should not have been vacated and therefore the N.O.V. should be <br />reissued. Has OSM and DMG suddenly decided that Mine Operators <br />have no CONSTITUTIONAL RIGHTS. <br />Apparently there is a discrepancy between the latest roadside <br />ditch design sections shown on the Mine Site Plan, Drawing No. <br />TP-3 and the ditch as constructed. Field modifications were made <br />to utilize rock that was available at the time of construction <br />and to place in a series of drops to dissipate the energy of the <br />water flowing down the ditch. Rock is placed in the invert of the <br />ditch at each drop to control erosion. The road side slope of the <br />ditch is completely protected with flat pieces of limestone. I <br />feel that the ditch as constructed will alleviate the erosion <br />problems with the roadside ditch previously experienced. <br />With your permission, I would like t_o incorporate the changes to <br />Drawing No. TP-3 for the ditch sections to conform to the "As <br />Built" design with those which may be required for completion of <br />the Mid-Term Review. Revised Pages 72 and 73 of the Permit <br />Application are enclosed for your review. <br />Thank you very much for your consideration. <br />S ~ c ~~e~ly : ~/1 <br />Lawrenc G. White P.E. <br />for Twin Pines Investment <br />719-372-6461 <br />xc: Twin Pines Investment <br />