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999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 8020] <br />Phone: (3031 866 3567 <br />FAX: (3031 83Z-8106 <br />August 23, 1994 <br />Mr. James Kiger <br />Colowyo Coal Co. L.P. <br />5631 State highway 13 <br />Meeker, CO 81641 <br />RE: Request for Vacation of NOV C-94-015 <br />Colowyo Mine (C-81-019) <br />Dear Mr. Kiger: <br />II~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Rny Romer <br />Governor <br />Ken Salazar <br />6ecutrve Di~cr m~ <br />Mac hdP B LnnR <br />Drv~sion Dueno~ <br />The Division received your request for vacation of NOV C-94-015. <br />The NOV was issued for failure to construct adequate sediment <br />control facilities in the mine's West Pit area. The basis for <br />Colowyo's request was that alternate sediment control structures <br />were in place and that the Division's estimates of disturbed <br />acreage were in error. After reviewing Colowyo's request for <br />vacation, the Division inspector's observations and the permitting <br />record for the West Pit, it is not readily apparent that .the NOV <br />should be vacated. Therefore, I am declining Colowyo's request to <br />vacate the NOV. <br />I would encourage you to pursue your case for vacation of the NOV <br />through the informal assessment conference .process. All of the <br />factors which need to be considered can be heard in a more thorough <br />manner in that forum. <br />If you have any questions, feel free to contact me or Larry Routten <br />at the number above. <br />Sincerely, <br />Michael B. Lon <br />Director <br />m:\coal\lpr\82394 <br />