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<br />464 West Sumac Court <br />Louisville, Colorado 60027-??27 <br />January 4, 1995 <br />Savage and Savage <br />practical soluOOns for environmental problems <br />Land Restoration and Reclamation Services <br />Mr. Michael B. Long, Director <br />Colorado Division of Minerals and Geology <br />Centennial Building <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />III IIIIIIIIIIIIIIII <br />303 66fr7372 telephone <br />303 665<i808 facsimile <br />R,~ <br />JqN C~~~~O <br />Oft,. . <br />s~o, 0j2„ ~Q X99 <br />ne~a~SK S <br />GPO~o9 <br />1- <br />Re: Request for Vacation, Notices of Violation C-94-036 issued to the <br />Meadows # 1 Mine (file C-81-029) <br />Dear Mr. Long: <br />Sun Coal Company is requesting that you vacate Notice of Violation (NOV) C-94-036, issued <br />to the Meadows # 1 Mine. NOV C-94-036 was issued for, "failure to design, construct, and <br />maintain the Northwest Sediment Trap to provide for either a combination of principal and <br />emergency spillways, or a single open channel spillway to safely pass a 25-year, 24-hour <br />precipitation event." As you may recall, this is the same citation (with the exception of a <br />change in name of the structure) that you vacated June 13, 1994 (NOV C-94-010). <br />Sun Coal believes that the issuance of this NOV was precipitated by pressure the Office of <br />Surface Mining inspector during a joint oversight follow-up inspection. Such pressure, we <br />believe resulted in issuance of the NOV prematurely without complete investigation of the <br />historical perspective surrounding this situation and due consideration of the corrective <br />measures already agreed to by the Division and submitted by Sun Coal for review. Although I <br />discussed the alleged non-compliance with Mr. Larry Routten prior to NOV issuance, and <br />asked Division staff to accept an OSM Ten Day notice so Sun Coal could rectify the concern <br />in the intervening time, Division management felt compelled to issue the NOV again, based on <br />pressure and historical experiences with OSM. Sun Coal believes that when you review the <br />facts surrounding the NOV you will conclude, as we did, that it should be vacated. We would <br />appreciate your earliest review and response to our request for vacation. <br />