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III IIIIIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 5r ,Room 215 <br />Denver, Coloradu 80203 <br />Phone: 13031 866-3 567 <br />FA%:1303) 8328106 <br />Mr. Dennis Short <br />1429 Vine Street ~2 <br />Denver, CO 80206 <br />December 3, 1996 <br />~~ <br />I)EPARTMEN'T OF <br />NATURAL <br />RESOURCES <br />Re: Sanborn Creek Mine - Permit No. C-81-022 <br />Dear Mr. Short: <br />Roy Romer <br />Governor <br />l,me, s L«nneaa <br />Executive Director <br />Michael 9. Long <br />Dinsion Direcor <br />Thank you for your letters of November 8, 1996 and November 12, <br />1996. I again apologize for the fact that you were unable to <br />accompany our inspector during the October 16, 1996 inspection. <br />Other duty requirements made it impossible to assign alternate <br />staff or to inspect the mine on a different day. My earlier <br />invitation for you to accompany us during another inspection of the <br />Sanborn Creek mine to revisit the issue which you raised still <br />stands. <br />At the time of our inspection, it was determined that the east <br />approach to the mine was posted so as to comply with the intent and <br />purpose of the warning sign regulation. The blasting notification <br />sign had been installed approximately 850 feet to the east of the <br />permit boundary, and near a safe retreat and turnaround location, <br />rather than at the permit boundary. We believe that this placement <br />provided notice to the public above and beyond the notice <br />requirements of the regulations. <br />If you are not satisfied with our actions, in accordance with Rule <br />5.02.5, you may request in writing that the Administrator (Division <br />Director) informally review our decision not to take enforcement <br />action based on your allegations. The Administrator shall conduct <br />the informal review and report the results in writing to both you <br />and the alleged violator within 30 days of the Administrator's <br />receipt of the request for review. Informal review under Rule <br />5.02.5(2) shall not affect any right to formal review under Section <br />34-33-124 of the Act and Rule 5.03.5 or to a citizen's suit under <br />Section 34-33-135 of the Act. <br />Please feel free to contact me if you have any further questions. <br />Sincerely <br />(~~ ry~ <br />Susan J. M Cannon <br />Coal Pro m Supervisor <br />cc: Michael Long, DMG David Berry, DMG <br />M:\coal\sjm\cit <br />