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;. <br />Division of Minerals and Geology <br />November 16, 1992 <br />Page 2 <br />In regards to the other two outstanding N.O.V.'s No. 92-31 and 92-32, <br />the following actions have taken place. First, responding to the <br />92-31 N.O.V., which relates to the "failure to accurately mark the <br />perimeter of an area of responsibility", we disagree with the sketch <br />submitted and feel that we have marked the area correctly. We will <br />have a local surveyor check our boundaries and will submit the <br />findings. We would like to have a conference regarding the boundary <br />marking N.O.V., as discussed, prior to contracting for the survey <br />work. The second N.O.V. #92-32 relates to the topsoil which was <br />removed from the Diversion Ditch during the construction work <br />performed in June and used to establish the Diversion ditch berm as <br />the Division suggested. The soil was covered and seeded as required, <br />however the flash flood that came thru the area from the un-named <br />creek caused the soil to be deposited back into the pond. We have at <br />this time, taken samples of the soil to determine if in fact it meets <br />the requirements for topsoil. The soil is being analyzed by the <br />Department of Agriculture at Colorado State University and when the <br />results are available we will forward them to the Division. <br />HWC would like to request an extension of the abatement dates set for <br />the N.O.V. 92-31 and the N.O.V. 92-32, which currently have an <br />abatement date of November 18, 1992. <br />We hope this summary gives the Division a better understanding of the <br />current and future work scheduled for the west pit under the April 22 <br />Compliance Agreement requirements. <br />Be regards, <br />Robe ~I . iii' lliams <br />Chief Operating Officer <br />RW11-161/AF <br />