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~:. - -. III IIIIIIIIIIIIIIII • /'~ PEABODY aIVESifRN, • n «< ~z ~ ~.~,~ Peabody Western Coal Company G. Irene Crawford Counsel November 21, 1996 RECEIVED NOV Z L 1.996 f)IVigIOn Ot MinG~d~ P UtlUW9y Mr. Mike Long Colorado Department of Natural Resources Division of Minerals and Geology 1313 Sherman Street, Room 215 llenver, Colorado 80203 Dear Mr. Long: I am writing to request that you reconsider the notice of violation that Seneca Mine received for work that it performed on Routt County Road 27A. (Notice of Violation C-96-017). Susan McCannon suggested that I write to you. Seneca requested a conference with the Division of Minerals and Geology (DMG) for this violation and the conference was held on September 30, 1996, in Denver. The conference officer sent a proposed settlement agreement dated October 30, 1996, to Seneca. This proposed settlement agreement is not satisfactory. The following are some brief points that you may want to consider in your analysis of this issue: 1. Public roads are specifically excluded from the definition of roads in the Colorado Surface Coal Mining Reclamation Act and the work in this case was performed on a public road pursuant to an agreement with Routt County. It is ridiculous to attempt to distinguish the shoulder of the road or the road support slope from the paved portion of the road. The entire area is public road and does not fall within the jurisdiction of the existing mining law and regulations. The status of a public road does not change just because a coal mining company performs work on it. This was and still is a public road and the public has full access and the right to use it as such. 2. Even if the Hurdle of the public road exception could be avoided, the activity alone still does not meet the requirements for a permit. The scope of the law and regulations applies to surface coal mining and reclamation activities, which includes all activities necessary and incidental to them. Tlie purpose of this activity was transportation of a piece of mining equipment. The activity of improving the road was not necessary to the coal mining operations and could Peabody Wesrem Goal Company • 1300 Sovrh Yale Sfnsar • Flagstaff, Arizona 86001 • Telephone )510) 774.5253 • Fax (520) 773-4499