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Mr. Rick Mills <br />August 8, 1997 <br />Page 2 <br />abatement of which would require the submission of a revision to approve development activities <br />within this azea sepazate from PR 04. TCC rejected both of these altematives. <br />Rather TCC has responded with an assertion that authority currently exists within its permit to <br />modify the submain development location. On August 6, 1997 TCC asserted that authority was <br />embodied within the permit language contained in the last paragraph of Page 2.05-10(c) of the <br />Foidel Creek permit. The extant language is as follows: <br />The gate roads are comprised of three entries typically driven on 100 foot cent[er]s, <br />although the location of the entry may vary depending upon ground control requirements <br />as reflected in pillaz widths between the entries. Including the three 20 foot wide entries <br />and 35 to 155 wide pillars, the gateroads will be approximately 230 feet in width. <br />I do not agree with TCC's assertion that the above language provides authority to relocate <br />submain development activity from 7R to 6R, increase the development to six entries rather than <br />five, and increase the affected azea and associated potential subsidence impacts to protected <br />structures on the surface. Therefore, I have ordered the issuance of the attached NOV. <br />As you.know from our conversations, we aze very concerned about any potential hazards which <br />may result from TCC shutting down the continuous miner section(s) which aze conducting the <br />development work in the submain development area. We have explored, with you, options of <br />moving the section to another azea of the mine where permitted activities could be conducted. <br />You have indicated that moving the section would be a "problem". Therefore, we have crafted <br />two altematives for abatement of the NOV. TCC can choose the alternative which they believe <br />best meets their needs. As an unapproved activity, however, we must provide a deterrent to <br />further violation of the permit, regulations and law. Please be advised that we intend to seek a <br />daily civil penalty in accordance with Rule 5.04.5, until the NOV is abated. <br />If you have any questions regazding the NOV please do not hesitate to call Kent Gorham, Dan <br />Hernandez, or me. <br />Sincerely, <br />~.~aa,~ ~ c G~-w+ti.~,~. <br />Susan McCannon <br />Coal Program Supervisor <br />cc: Janet Binns <br />Kent Gorham <br />Dan Hernandez <br />attachments (2) Certified Mail, Return Receipt Requested #P 213 <br />