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III IIIIIIIIIIIIIIII blue ribbon cool com~ny June 14, 1985 L'~~~l~l~i~~ ~'~~N ~ 71985 MINED LAND RECLAMATION DIVISION Ms. Susan Mowry Reclamation Specialist Colorado Mined Land Reclamation Division 1313 Sherman Street 423 Centennial Building Denver, Colorado 80203 Subject: NOV No. C-85-056 Dear Ms. Mowry: blue ribbon coal company p. o. box 58 delta, Colorado 81416 (303) 8747561 The subject Notice of Violation dated June 6, 1985 was written because Blue Ribbon Coal Company has allegedly failed to submit the annual hydrologic report in accordance with the permit approval. According to the NOV it may be abated by submitting the annual hydrologic report by July 22, 1985. Blue Ribbon has reviewed the permit application and approval documents and cannot find any specific date that the annual hydrologic report is due. All of the references to the timing of the hydrologic report contained in the permit application simply state "annual". The 1983 hydrologic report was transmitted via a letter dated May 31_,_1984. The Division approved the report by a letter dated September 13., 1984. These two dates indicate that the annual hydrologic report is more a compilation of data for the record than a report that must be submitted and approved in a timely matter. Clearly if it takes the Division over three months to review the 1983 hydrologic report one must assume that the timing of the report is not critical. Blue Ribbon intends to submit the before July 22, 1985. Blue Ribbon report by July 22, 1985 is in fact Blue Ribbon further contends that and therefore requests that NOV No Sincerely, ~ / Larry M. Reschke, P.E. Mine Engineer LMR:tgn hydrologic report to the Division on or contends that submitting the hydrologic "in accordance with permit approval". no violation of the permit terms has occurred, . C-85-056 be vacated. cc: Dale L. Fenwick James E. Stover