ENFORCE25754

• Permit No: C1981041
• IBM Index Class Name: Enforcement
• Doc Date: 10/4/1993
• Doc Name: PN C-81-041 STIPULATION 11
• From: PEABODY WESTERN
• To: DMG
• Violation No.: CV0000000
• Media Type: D
• Archive: No

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PEABODY
i~s~~~ Peabody Western Coal Company
September 30, 1993
Ms. Erica S. Crosby, Reclamation Specialist
Colorado Division of Minerals and Geology R r ^;=i~;;,
1313 Sherman Street, Room 215
Denver, CO 80203 ~~f ~ 4 ~99~
RE: Permit No. C-81-041, 8tipulatioa No. ii r•;,,
Dear Ms. Crosby:
On behalf of Powderhorn Coal Company, the following is provided
in response to the above-referenced stipulation and your letter
to Mr. Larry Reschke of September 14, 1993.
Information from a Reclamation Fee Compliance Audit of Peabody
Western Coal Company for the period January 1, 1982 through June
30, 1992 (Audit Report Numbers 920209025, 920209026, 920209027,
and 920209034) has been included in the Federal Applicant
Violate System (AVS). Initially, the AVS entries included
recommendations to deny. The audit reports are currently
subject to administrative review by Mr. John Sender of the
Office of Surface Mining (OSM) Lexington, Kentucky office:
Peabody Western has never received any document requiring a
payment or containing a calculation of alleged monetary amounts
owed. It is our understanding that, following administrative
review, a final report will be sent to OSM in Denver, Colorado
for assessment and billing of audit amounts which OSM claims are
due. After receipt of this information, Peabody Western will
have the right to file an appeal of the audit.
On August 26, 1993, Peabody Western sent a letter to Mr. Ken
Lambert of OSM (934 Wyandotte, Kansas City, Missouri 64105)
stating the above, and recommending that the AVS entries be
modified to accurately represent the status of the audit
reports. The OSM has since modified the AVS to reflect these
reports as code "17", or under appeal. I have verified this
with Mr. Keith Harrison of OSM's Lexington office.
The Kentucky violation listed in Stipulation No. 11 as Violation
No. 8895005 is Kentucky Cessation Order No.
010677/8895005/O1/KY, dated November il, 1992. Mr. Harrison
indicated to me that the status of this in AVS is listed as "C"
which indicates that a settlement agreement has been reached.
However, a representative from Peabody has informed me that the
hearing on the appeal of this order is scheduled for November 1,
1993. We will forward the results of the hearing upon issuance
of a decision.
Psobody Wastem Cool Company • 1300 South Yals Street • Flagstaff, Ari:ena 86001 • Telephena [phone] • Fax [phone]%