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~iiiiiiiiiiiiiiii iii <br />Sunland Mining Corporation <br />c/o David R. Canning <br />Pyro Mining Company <br />P.O. Box 289 <br />Sturgis, KY 42459 <br />02-24-1992 <br />Mined Land Reclamation Division <br />215 Centennial Bldg <br />1313 Sherman Street <br />Denver. CO 80203 <br />Re: Notice of Violation C-92-002 <br />Sunland Mining Corp Apex No.2 C-81-011 <br />Gentlemen: <br />='V C 1 ~, ,~. ,~ <br />EB 2 6 199? <br />Mined land <br />~O n'"'^+iiln n~ <br />Sunland has been issued a NOV for failure to have certain <br />documents available at the Oak Creek gas station which serves as <br />the repository for such records. Sunland is not denying that the <br />cited records were absent from the repository. It is Sunland's <br />position, however, that the proposed $450 assessment is far too <br />severe for such an inconsequential infraction. <br />We offer the following in support of our position: <br />1. Throughout the time (about 5 years) that records have been <br />available for inspection at the Gas Station, no one other than <br />agents of the regulatory authority has ever requested to veiw such <br />records. Everything contained at the Gas Station repository was <br />previously submitted to the regulatory authority. Therefore, it <br />is difficult to imagine how there has been any diminution in <br />"public" access to records. <br />2. The documents listed on the NOV are of an insignificant <br />nature, to wit: <br />A Certificate of insurance is issued as a matter of <br />information only. There was no lapse in insurance coverage. <br />Quarterly pond inspections were conducted and reports were <br />completed and mailed to CMLRB. <br />The NPDES Discharge report has shown "No Discharge" for every <br />reporting period since the NPDES permit was issued. <br />Sunland requests a conference with MLRD so long as such <br />conference can be conducted by telephone. <br />~u~~r4ly~, ^ ~ <br />David R. Canning ~~ <br />Vice-president <br /> <br />