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- 5, <br />October 26, 1993 <br />Mr. Mike Long, Director <br />Division of Minerals and Geology <br />Page 2 <br />See the attached "Justification of Settlement Agreement for Cessation Order Number <br />CO-93-054". Mr. Lewicki's statement has now been proven correct. Why has the Order not <br />now been vacated? The pond was never reconstructed. <br />Another Violation was written on April 9-10, 1993, for problems with topsoil salvage <br />and storage. I understand the topsoil was not stored in the correct location and not identified <br />as topsoil, as required. I also understand that the mine was opened in November of 1992 and <br />the office trailer was set at the area in question at that time. <br />If a Violation had occurred, why was the issue not addressed until nearly four and one- <br />half months late! In addition, if the Division believes there was no offsite impact, why such <br />a heavy penalty? <br />Moreover, with the exception of one Violation, the Division's claim of unstable <br />embankment, the mine was inactive for nearly four and one-half months before any more <br />Violations were issued. Why was the mine suddenly "out of compliance" on so many diverse <br />issues? How does a closed mine accumulate more Violations than an operating mine? <br />A number of the violations written were not issued until more Chair a month after they <br />were written. If, as stated in several of the Violations, there is a potential for offsite impact, <br />why is the time period between writing and issuing so long? <br />Finally, considering the area of disturbance at this time (less than seven acres), the <br />penalties on all the Violations appear to be excessive, especially when in nearly every case the <br />Division states that there was no offsite impact and that the Violations were not knowingly <br />intentional. How are the amounts of the penalties set; what criteria is used; and who makes <br />these decisions? <br />I appreciate your assistance in helping to improve my understanding of the above issues, <br />and I hope my request does not inconvenience you. I know you are busy and the Division has <br />a great deal of important work ahead. <br />Thank you for your time and attention, and I look forward to your response. <br />~Sin~ce~rel~y, <br />/~C Q W~ ~~lC <br />Bill Owens <br />