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~.~ ~ iiiiiiiiiiiniuiii ~ <br />999 STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION of ~a~ <br />Department of Natural Resources a~ R~$ <br />v~ic'~ <br />7373 Sherman St., Room 275 ` '{ <br />Denver, CO 80203 <br />303 666-3567 `• yele • k <br />Fnx~303 832-8106 <br />Roy Romer. <br />Governor <br />Fretl R. Banta. <br />Division Director <br />August 6, 1991 <br />Mr. Greg Lewicki <br />Greg Lewicki 6 Associates <br />1645 Court Place, Suite 390 <br />Denver, Colorado 80202 <br />RE: `Fruits No. 1 and No. 2 Mines (# C-81-015) <br />v. <br />Dear Mr. Lewicki: <br />After reviewing your letters of June 27 and July 19, 1991, MLRD'e Notices of <br />r ,, <br />Violation Number C-91-007, and OSM'e Ten~Day Notice Number X-91-02-116-5-TV-3, <br />ae well as conferring with the MLRD inspector, I am denying your request for <br />vacation of the NOV. <br />on July 12, 1991, the Division issued NOV C-91-007 for the alleged violation <br />described on page 3 of the NOV. The problem was discovered during an OSM <br />oversight inspection, which occurred June 4, 1991. <br />Operators are normally required to submit quarterly pond inspection reports for <br />the life of the mine permit. At the time of the inspection, it was discovered <br />that no such reports had been filed, nor had they been stored in the area of <br />the mine as required by Rule 4.05.6(10). Between the time that the Division <br />conducted the inspection, and the time that the Ten Day Notice was received <br />(July 5, 1991), we received your June 27, 1991 letter which included a pond <br />inspection report. On July 1, 1991, the Division approved an annual submittal <br />frequency. <br />You have suggested that because you submitted evidence of two pond inspections, <br />one on February 1990 and one on March 30, 1991, the NOV should be vacated. <br />Although the violation is a minor one, the violation did occur. The one year <br />submittal frequency was approved after the discovery of a problem and the <br />Division has yet to receive evidence that the reports are filed in the area of <br />the mine. It should also be noted that this problem was specifically <br />referenced by the OSM as a Ten Day Notice item. <br />