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-ii iiiiiiiii~i-iiii <br />STATE OF COLOR~Uy <br />DIVISION OF MINERALS AND GEOLOGY <br />Drp.urmem ul Namwl Resources <br />I S I 1 Sherman 51.. Room '_ 15 + <br /> <br />Denver, Colorado 80'_01 ~ <br />~ <br /> <br />Phune~. U01) 86fi~S56i I <br />FA%: I SOSI B11-9106 <br /> DEPARTMEM' OF <br />August 25, 1997 NATURAL <br />RESOURCES <br />Mr. Phil Schmidt <br /> <br />Mountain Coal Company Roy Romer <br />Governor <br />tames 5. Lochhead <br />PO Box 591 E~rcuuve Director <br />Somerset, CO 81434 Micharl B. Long <br />Division Director <br />RE: West Elk Mine, Permit Iv'o. C-80-007, NOV Nos. CV-97-008, CV-97-009, and <br />CV-97-010 <br />Dear Mr. Schmidt: <br />Thank you for your letter to Mike Long dated August 11, 1997 which requests vacation of the <br />above three Notices of Violation (NOV). At this time Mr. Long has not made a decision <br />conceming your request. In addition, today is the normal deadline for the Division to assess a <br />proposed civil penalty. However, given the fact that Mike Long has yet to make a decision <br />conceming vacation of the NOVs, we will defer proposing any civil penalties until he has made a <br />decision, as appropriate. We do not believe that this deferral harms Mountain Coal Company or <br />your ability to continue to pursue additional administrative review pending Mr. Longs decision. <br />If you disagree please let me know as soon as possible. <br />Please feel free to call if you have any questions or if I can be of further assistance. <br />Sincerely, <br />Susan McCannon <br />Coal Program Supervisor <br />cc: David Berry <br />Michael Boulay <br />