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~~'` III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Nawral Resources <br />1313 Sherman Sr., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 86h~3567 <br />fAX: (3031 832-8106 <br />November 8, 1994 <br />Mr. Phil Schmidt <br />Mountain Coal Company <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Re: Mining Outside the Approved Permit Boundary <br />West Elk Mine, Permit No. C-80-007 <br />Dear Mr. Schmidt: <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCE <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Ezecmive Director <br />Michael B. Long <br />Division Director <br />As discussed earlier today, the enclosed Notice of Violation No. C-94-033 has been issued to <br />Mountain Coal Company for mining beyond the approved permit boundary. Based upon our <br />discussions of November 4, 1994, and upon the correspondence from Mountain Coal Company <br />dated November 4, 1994, it appears that mining progressed into Lease No. COC-54558, in the <br />N'/z NW'k of Section 30, T13S, R90W, prior to final approval by the Division of Minerals and <br />Geology. Mountain Coal Company has indicated that this excursion resulted from survey <br />discrepancies, and that as of November 4, 1994, the company was sure that mining did progress <br />beyond the approved boundary. <br />It is acknowledged that Mountain Coal Company has exhibited diligence in reporting this problem <br />to the Division immediately upon discovery. Thank you for this cooperation, and please call with <br />any questions. <br />Protection Specialist <br />~' <br />Enclosure <br />c: Christine Johnston, DMG <br />Susan McCannon, DMG <br />Certified Mail No. P 296 608 194 <br />Return Receipt Requested <br />,. <br />In : \oss\al w \DAB. N ov <br />DAB/bjw <br />