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~iiiiiiiiiiiniuiu~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depan meni of Natural Resources I~~~ <br />1313 Sherman St., Room 215 <br />Denver, Colorario 80207 <br />Phone: (303) 8663567 <br />FA%: (7031 8 3 2-81 06 <br />DEPARTMENT OF <br />December 28, 1994 NATU~I- <br />RESOURCES <br />Mr. Stephen G. Rathbun Roy ROmer <br />Office of Surface Mining cnvernnr <br />505 Marquette Avenue N.W. , Suite 1200 lamess.L«nhead <br />Albuquerque, NM 87102 e.e`°'iveDire"°` <br />Michael B. Long <br />Division Director <br />RE: Response to Mine-Site Inspection Evaluation Report, Kaiser <br />Resources, Inc., The Chimney Rock Mine, Permit No. C-81-023 <br />Dear Mr. Rathbun: <br />On December 9, 1994, the Division received OSM's Mine-Site Inspection <br />Evaluation Report (M-SEIR) for the joint DMG-OSM Random Sample <br />Inspection conducted at the Chimney Rock Mine on November 29, 1994. <br />The Division wishes to provide our response herein. <br />The Division concurs with OSM's statement on Page 3 of the M-SEIR <br />that "sediment had been removed from Pond No. 5 and placed outside of <br />drainage control". The Division has taken the necessary appropriate <br />enforcement action to address this matter by issuing Colorado Notice <br />of Violation No. C-94-023, as also documented in the M-SEIR. <br />The Division disagrees, however, that the disturbance caused by the <br />recent. placement of sediment pond drainages existed at the time of <br />the last State complete inspection. The last State complete <br />inspection occurred on July 12, 1994. The recent disturbance caused <br />by the placement of the pond cleanings and the construction of the <br />adjacent sediment control berm occurred around Mid-September 1994, <br />according to conversations held recently with Kaiser Resources. <br />We have enclosed OSM's signature form received in our offices on <br />December 9, 1994. Please do not hesitate to contact us for any <br />further information or assistance that we may provide. <br />SincerSincer '~~GL~Gu`~ <br />Daniel I. HernandezU <br />Senior Environmental Protection Specialist <br />DIH/gaw <br />Enclosures <br />M:\orslg,w\rathbuu.dih <br />