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FROM' : Panasonic TAD/FAX PHONE NO. : 9454958 Dec. 01 1993 05:54PM P02 <br /> MD-CONTMNT RESOURCES <br /> P.0 Box 1298 <br /> Glenwood Spdngs, CO 81602 <br /> October 18, 1993 <br /> Anthony J. Waldron <br /> Environmental Protection Specialist <br /> Division of Minerals & Geology <br /> 1313 Sherman St. <br /> Room 215 <br /> Denver, CO 80203 <br /> RE: NoV C-93-130. <br /> Dear Mr. Waldron: <br /> The Division has written a Notice of Violation (C-93-130) which concerns the outslopes <br /> below Mines#1, 2, 3 and 4. These areas date from, and have not been disturbed since <br /> prior to passage of the Surface Mining Reclamation and Control Act (SMCRA) in 1977, <br /> and we believe that no violation exists. Mid-Continent requests that a conference be <br /> held in which we will present evidence to establish that these are pre-law disturbances. <br /> The outslopes are presently snow covered and wet, making any actual on-the-ground <br /> work, access or observation impossible. I do not believe the abatement steps <br /> prescribed by the notice can be performed until after the snow melts. <br /> For these reasons, Mid-Continent requests an extension of the periods allowable for <br /> performance of the specified abatements (1) to allow for a determination of whether a <br /> violation does or does not exist; (2) due to climatic conditions, which prevent <br /> completion of the work. No environmental harm is threatened by such an extension as <br /> the area in question is under snowcover now, and can reasonably expected to remain <br /> so for some time to come. <br /> Yours truly, <br /> Diane Delaney <br /> Mid-Continent Resources <br />