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iii iiiiiiiiiiiiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparimenl o(Nalural Resources I~~~~ <br />1313 Sherman 51.. Room 215 <br />Denver, Colorado 80203 <br />Phonc (3031 866 356 7 <br />Fnx. iw3i R32-Bio6 DEPARTMENT OF <br />January 2, 1996 NATU~I- <br />RESOURCES <br />Mr. Jim Kiger Roy Romer <br />Colowyo Coal Company L.P. covemnr <br />5731 State Highway 13 e,e'~~i ~e o~~eeo <br />Meeker, CO 81641 Michael B. Lung <br />Dlv15100 D~retlor <br />RE: Colowyo Coal Mine (C-81-019) <br />NOV C-95-026; Request for Vacation <br />Dear Mr. Kiger, <br />The Division received your request for vacation of NOV C-95-026. The NOV was issued <br />for failure to seed the temporary windrow topsoil piles in the East Pit with a cover of non- <br />noxious, quick growing annual and perennial plants as stated in the permit, failure to mark <br />temporary piles and failure to spread in the time frame noted in the permit (spring of <br />following year). The basis for Colowyo's request was that seeding and placing of topsoil <br />signs was inappropriate because it contradicts the approved alternative practice and because <br />a minor revision requesting a one year storage extension was submitted to the Division. <br />After reviewing Colowyo's request for vacation, the Division inspector's observations and <br />permit information, it is not readily apparent that the NOV should be vacated. Therefore, <br />I am declining Colowyo's request to vacate the NOV. <br />I would encourage you to pursue your case for vacation of the NOV through the informal <br />assessment conference process. All of the factors which need to be considered can be heard <br />in a more thorough manner in that forum. <br />If you have any questions, feel free to contact me or Erica Crosby. <br />Sincerely, <br />Michael B. Long <br />Director <br />cc: Erica Crosby <br />Larry Routten <br />c:\wp51\colowyo\960102 <br />