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_ ~ . iii iiiiiiiiiiiuiii ~ <br />~, <br />GREG LEWICKI AND ASSOCIATES <br />1645 Coun Place <br />Suite 309 <br />I ~ ~ L Dern~er, Coloratlo 60202 <br />~303~629~9336 <br />January 7, 7992 JqN 0 7 1997_ <br />Susan Morrison Mined Land <br />Mined Land Reclamation Division ReclamationD°`~~^`' <br />1313 Sherman Street 2nd Floor <br />Denver, CO 80203 <br />Re Violation C-91-038 for the Fruita <br />Mines <br />Dear Susan: <br />This letter is a response to the above-mentioned violation. Upon <br />discussing the matter with you, it was established that the long- <br />standing regulations for accepted pond design for Colorado coal <br />mines had been changed. Apparently, the memo outlining the <br />requirement that principal and emergency spillways be separated <br />was not received by myself. I and the people at American Shield <br />were totally unaware of the rule change and I was not on the list <br />of actual operators to receive such a memo. <br />It is hoped that the following information be taken into account <br />when assessing the civil penalty for the violation: <br />1) it was a rule change to an long-standing design that really <br />had no problems. <br />2) I was not receiving direct correspondence from MLRD regarding <br />the permit and was therefore unaware of the change. Measures are <br />now being taken to ensure that I receive all correspondence from <br />the Division. <br />3) absolutely no environmental damage occurred since the pond has <br />never discharged in many years. <br />4) once the design (attached) is <br />completed promptly. <br />approved, the work will be <br />Sincerely yours, <br />~~ p-rig?,,J t~ <br />Greg Lewicki <br />Greg Lewicki and Associates <br />