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999 <br />Sun Coal Company <br />10200 West 44th Ave., Ste 120 <br />Wheat Ridge, CO 80033 <br />(303) 422-8064 <br />FAX (303) 467-0714 <br />June 7, 1994 REC'CI~Fv <br />Mr. Luke Danielson, Chair /UN 8 1994 <br />a~~-~; <br />313 Shorado DiLrisionR Mi215 s andaGeology .onc'raref2/S~CQy/opY <br />Denver, Colorado 80203 <br />Re: Notice of Violation C-94-010 issued to the Meadows # 1 Mine (file C-81-029) <br />Dear Mr. Danielson: <br />Pursuant to CRS 34-33-124(1)(a) and Rule 5.03.5(I)(a), Sun Coal Company is <br />requesting a formal public hearing before the Colorado Mined Land Reclamation Board <br />to decide the merits of Notice of Violation (NOV) C-94-010 issued to the <br />Meadows # 1 Mine on May 25, 1994. <br />This NOV was issued for "failure to design, construct, and maintain the Northwest <br />Impoundment to provide for either a combination of principal and emergency <br />spillways, or a single open channel spillway to safely pass a 25-year, 24-hour <br />precipitation event; and failure to certify the construction (as designed) of the <br />Northwest Impoundment." <br />Under normal circumstances Sun Coal would pursue Division administrative process <br />remedies first, specifically an assessment conference and attendant procedures, <br />however, Sun Coa] believes that this NOV was issued in direct contravention of the <br />Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, and <br />under pressure from the federal Office of Surface Mining Reclamation and <br />Enforcement. Sun Coal believes that we will prevail in our contention that this NOV <br />was issued in error, without just consideration for the historical record approving this <br />structure (by the Division), and without the option of correcting, through the permit <br />revision process, any alleged non-compliance. <br />