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STATE OF COLORADO <br /> MINED LAND RECLAMATION DIVISION C <br /> D_�uartment of Natura�Resources 1313 Sherman St. Room 215Denver.CO 80203303 866 3567FAX 303 832-8106 ' <br /> Roy Romer <br /> Governor <br /> Fred R Banta, <br /> Division Director <br /> January 30 , 1990 <br /> Ms . Diane Delaney <br /> Mid-Continent Resources , Inc. <br /> 201 Centennial Street, Suite 406 <br /> Glenwood Springs , CO 81601 <br /> Re: Request to Vacate NOV 's C-90-001 and C-90-002 <br /> Dear Ms. Delaney: <br /> I have reviewed your letter of January 17 , 1990 requesting that the above <br /> referenced violations be vacated. At this time I am electing not to vacate <br /> the violations as requested. My rationale for not vacating the violations is <br /> discussed below. <br /> Violation C-90-001 was issued for failure to monitor ground water well GW-1 as <br /> required. Specifically, laboratory analysis were not conducted in the first <br /> half of 1989 as required. It is the operator's responsibility to sample all <br /> points completely. If for some reason an operator is unable to complete their <br /> monitoring as required, the Division should be notified of the problem and <br /> grant approval to modify the monitoring plan until the problem is corrected. <br /> Effective monitoring is the principle means by which on-the-ground performance <br /> and compliance is documented. <br /> Violation C-90-002 was issued for failure to maintain appropriate sediment <br /> control measures to minimize erosion to the extent possible and to prevent <br /> additional erosion by diverting runoff through protected channels. In your <br /> letter it is stated that the erosion probably occurred as a result of an <br /> extreme thunderstorm in July of 1989. In addition, your letter notes that <br /> this area was overlooked during normal maintenance activities after the storm <br /> event. Overlooking a required maintenance item that ultimately leads to <br /> excessive erosion is not sufficient grounds upon which I can vacate a Notice <br /> of Violation. <br />