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z <br />This is the second occasion in the past four years in which an NOV has been issued at <br />the West Elk Mine because mining operations had apparently gone beyond the <br />approved permit boundary. In the first instance, there was a discrepancy between the <br />legal description of the permit area and the location of on-the-ground survey markers. <br />That discrepancy was subsequently clarified. In the most recent instance,.the legal <br />description of the permit area in the mine permit conflicted with the identification of the <br />permit area on maps in the mine permit. This discrepancy has now been removed and <br />the permit boundary at the loadout has been clearly marked with signs. I trust that all of <br />the permit information pertaining to the location of the permit area is now accurate and <br />congruent. <br />Whenever mining operations encroach anywhere near the West Elk permit boundary in <br />the future, please be certain that your staff and contractors are aware of the precise <br />location of the permit boundary. They should be fully aware that no mining operations, <br />including placement of earthen materials, may be conducted beyond the approved and <br />signed permit boundary. <br />Because MCC has addressed the confusion about the extent of the approved permit <br />area and, because there were no observed impacts from the placement of the earthen <br />material cited in the NOV, I am vacating this NOV. By taking this action, this office has <br />not waived any legal argument it may have regarding this type of issue should it arise <br />again. <br />Sincerely, <br />Michael <br />Division Director <br />enclosure <br />cc: Jim Burnell <br />Larry Routten <br />certified mail # Z 191 598 557 <br />i2o7sa <br />