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• IIII Illlllllllllllll` <br />STATE O~ COL.JL.~99,~, ~, <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl ui Nalur,~l ftesour~es <br />1313 Sherman SL, Ruom ? 13 ~~~ <br />Denvrr, Colorado 80'_03 <br />Phone (3071 866-3367 <br />FAX 13071 tll'_-fl 106 <br />DEPARTMENT O <br />August 2~, 1997 NATURAL <br />RESOURCE <br />Mr. Phil Schmidt Ruy Ramer <br />Gavprnor <br />Mountain Coal Company lames 5. Lochhead <br />PO Box 591 E<ecwwc D~reau. <br />Somerset, CO 81434 '"¢hael a `°nF <br />Division ovxla, <br />RE: West Elk Mine, Permit No. C-80-007, NOV Nos. CV-97-008, CV-97-009, and <br />CV-97-010 <br />Deaz Mr. Schmidt: <br />Thank you for your letter to Mike Long dated August 11, 1997 which requests vacation of the <br />above three Notices of Violation (NOV). At this time Mr. Long has not made a decision <br />conceming your request. In addition, today is the normal deadline for the Division to assess a <br />proposed civil penalty. However, given the fact that Mike Long has yet to make a decision <br />concerning vacation of the NOVs, we will defer proposing any civil penalties until he has made a <br />decision, as appropriate. We do not believe that this deferral harms Mountain Coal Company or <br />your ability to continue to pursue additional administrative review pending Mr. Longs decision. <br />If you disagree please let me know as soon as possible. <br />Please feel free to call if you have any questions or if I can be of further assistance. <br />Sincerely, <br />Susan McCannon <br />Coal Program Supervisor <br />cc: David Berry <br />Michael Boulay / <br />