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,- <br /> <br />Mountain Coal Co. <br />P.O. Box 59 i <br />Somerset, CO 81434 <br />West Elk Mine; Administrative follow up inspection of 11/08/93 <br />This inspection report transmits Ten Day Notice 93-020-116-002 which is being <br />issued as a follow up action to the 8/12/93 joint, random sample inspection which <br />was conducted at the West Elk Mine. The Colorado Division of Minerals and <br />Geology (DMG) issued three Notices of Violation (NOV) at the conclusion of the <br />inspection; C-93-112, C-93-113, and C-93-114. These NOV's have subsequently <br />been vacated by DMG and the Colorado Reclamation Board. Christine Johnston of <br />DMG mailed the Albuquerque Field Office (AFO) a package of information, <br />received on 10/28/93, which provided supporting documentation for the vacation of <br />the NOV's. The supporting documentation was requested by AFO upon discovering <br />the NOV's had been vacated. <br />The AFO has concluded after review of the documents provided that the three <br />violations cited by DMG and subsequently vacated still exist as they have not been <br />corrected by the permittee. AFO's tentative conclusion that the violations still exist <br />was discussed the week of 11/01/93 with Scot Anderson, Mountain Coal Co., and <br />Mike Ward, U.S.F.S.-Paonia, CO. I indicated during my contact with the above that <br />a Ten Day Notice (TDN) would be issued the week of 11/08/93 after consulting <br />with Ms. Johnston, if AFO determined the violations were still in existence. Ms. <br />Johnston indicated via our telephone conversation of 11/08/93 that to the best of <br />her knowledge no additional action has been concluded relative to the three <br />outstanding violations that was not included in the information already provided to <br />the AFO as described above. Therefore, the AFO is issuing TDN 93-020-116-002 <br />to address the three violations. The three violations are as follows: 1.) Failure to <br />provide the Public Notice required by Rule 4.20.2 (1 thru 3 ); 2.) Relocating soil <br />stockpiles without specific, written DMG approval; and 3.) Failure to permit light <br />use roads. <br />Please address any questions concerning this report to Henry Austin or Steve <br />Rathbun at (505) 766-1486. <br />