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• • iii iiiiiiiiiiiiiiii~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Ucpatlmcnl u( Natural Rcsourms II~~~~ <br />I L 1 Shcrman A., Room ? I S <br />Dcnvcr, Colorado N02cls <br />Phonc: 1 40 it 866- 4567 <br />FA%: (1011 ti 7' is I U(. <br />DEPARTMENT O <br />October 31, 1996 NATURt°~l <br />RESOURCE <br />Mr. Phil G. Schmidt Roy Rome <br />Governor <br />Mountain Coal Company lames S Lochhead <br />P. O. Box 591 Executive Direcwr <br />Somerset, CO 81434 0~~ ~ o~ o~`~ o, <br />RE: NOTICE OF VIOLATION - C-96-013 -West Elk Mine/Permit No. C-80-007 <br />Dear Mr. Schmidt: <br />I have reviewed the Mountain Coal Company letter of October 29, 1996 requesting <br />reconsideration of the Notice of Violation C-96-013 Settlement Agreement dated <br />October 4, 1996. <br />It is my opinion that the seriousness component of the Settlement Agreement can be <br />reduced. This is based upon our inspector's observation that a small amount of subsoil <br />was actually lost as a result of the cited problems. An amended Settlement Agreement is <br />attached for your consideration. <br />If you agree with the Settlement Agreement, please sign the document and return the <br />signed form within ten (10) days. If you disagree with the Settlement Agreement, do not <br />sign the form, and the Division will fix the penalty pursuant to Rule 5.04.3(5). A Formal <br />Board Hearing may be requested after the Division fixes the penalty. <br />Please feel free to contact me if you have any questions. <br />Sincerely, <br />Michael B. Long <br />Director <br />MBL/gaw <br />Attach.: Amended Settlement Agreement <br />CERTIFIED MAILING NO.: Z 416 952 656 <br />Return Receipt Requested <br />.~ <br />M:bss\gaw~Schmidt dab <br />