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MARCO \/ SSSSeventeenlhStreet III IIIIIIIIIIIIIIII <br />Denver. CO 80202 <br />Telephone 303 293 4230 <br />Facsimile 303 293 4098 <br />Scot W. Anderson <br />Senior Attorney <br />September 7, 1993 <br />VIA HAND DELIVERY <br />Mr. Michael Long <br />Director, Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Mountain Coal Company <br />Dear Mr. Long: <br />R~,, ~:IVED <br />SEP 7 1993 <br />~~~15~pr~ Jl ivlllleiab a VCOluyq <br />On August 12, 1993, the Colorado Division of Minerals and Geology ("Division") <br />issued three Notices of Violation ("NOVs"1 to Mountain Coal Company's West Elk <br />Mine.t For the reasons stated below, Mountain Coal Company requests that you <br />vacate these NOVs. <br />1. Surface Owner Notification <br />In NOV C-93-112, the Division alleges that Mountain Coal Company failed to provide <br />proper notice to the owners of surface lands overlying underground workings. The <br />Inspection Report properly notes that notice was given to Grand Mesa Properties on <br />December 13, 1984.2 While the Notice letter states that mining was to begin in <br />February of 1985, mining did not in fact take place under the Grand Mesa property <br />(T13S, R90W, 6th PM -- Section 20) until August of 1985.3 Therefore, notice was <br />given over six months in advance of mining, as required by the regulations.4 <br />' Copies of each of the NOVs discussed in this letter are attached as Exhibits A-C. The <br />accompanying Division Inspection Report is attached at Exhibit D. This NOV alleges a <br />violation of Colorado Mined Land Reclamation Board, Rules and Regulations for Coal Mining <br />(Regulations), 44.20.2. <br />1 A copy of the letter to Grand Mesa is attached as Exhibit E. <br />' Amine progress map showing when mining occurred in this area is attached as <br />Exhibit F. <br />Indeed, Grand Mesa Properties was fully informed of Mountain Coal's intent to mine in <br />this area and of the potential surface effects. Correspondence between Mountain Coal, Grand <br />Mesa, and the State concerning this issue is attached as Exhibit G. <br />Atlanpc R¢nlieltl Company <br />