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Mined land Reclamation Division Decision on Request for Modification On December 12, 1983, a representative of the Mined Land Reclamation Division, Mike Savage, issued Notice of Violation No. 83-34 which implicitly required the cessation of mining (exploration) operations. In accordance witn Rule 5.03.2(7), the operator requested an informal hearing co review the cessation order. (See attached letter to Dave Shelton from Dave Sturgis, dated January 9, 1984). An informal conference was held at 10:00 a. m., January 11, 1983 in Glenwood Springs, Colorado. In attendance were Dave Sturgis, attorney representing Eastside Coal Co., Steve Self, Eastside Coal Co., Steve 74arusich, Eastside Coal Co., and Dan i~athews, Mined Land Reclamation Division. Decision Based upon information presented in the informal conference, the cessation order is terminated and the Notice of Violation is modified as stated in the attached Change or Modification of Notice of Violation. Essentially, the modification orders the operator to conduct his exploration activity in accordance with the terms of his exploration approval, specifically Stipulation No. 1, and Rule 4.21.5. Discussion The principle issue related to the Notice of Violation that arose during the conference needs to be discussed. Some differences in the interpretation of Stipulation No. 1 exist between the Division and the operator. Tne Division contends that Stipulation No. 1, as currently written, requires its approval of the removal of coal from the site. Eastside Coal Co. contends that the stipulation only requires that they submit material to the Division prior to the removal of coal and that Division approval is not required. It is necessary that Stipulation No. 1 be modified to express more clearly the requirement for the Division to make a prior determination the sale of the coal is for test purposes, and to approve the removal of coal from the site. It also is necessary to modify Stipulation No. 1 at tnis time so as to reinforce the abatement requirement for the notice of violation and the meaning of the stipulation. Therefore, I am proposing to modify the language in Stipulation No. 1 to state as follows; Prior to any sale and transport of coal from the site of the Harvey Gap Exploration Project, the penmittee shall submit to the Division proof that the sale is to test for coal properties, and shall obtain express approval from the Division to transport the coal. The proof must be in the form of a written agreement, such as a contract, specifying the purpose of the test.