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1. Notice of Violation 82-16 According to the notice, the nature of this violation is described as follows: "The Permittee has constructed a haul road at the northern end of the permit area connecting the Canadian Strip and Marr operations. This facility is not addressed nor [sic] approved in the permit. The Permittee did not inform the Division of the building of this facility, or seek a permit revision to address this facility." The notice then goes on to describe the portion of the operation to which it applies as follows: "The haul road constructed at the northern portion of the permit area to access Kerr Coal property." At the outset, the notice, by its description of the violation as occurring "at the northern portion of the permit area to ac- cess Kerr Coal property" suggests a fundamental mistake. Ob- viously, the northern end of Kerr Coal's permit area does not access the Kerr Coal mine. It seems most probable that the de- scription contained in Notice 82-16 has reference to the Wyoming Fuels Canadian Strip operation, the northern end of which is contiguous to Kerr Coal's permit boundary. Indeed, it is our understanding that Mr. Savage issued notices of violation to Wyoming Fuels for unauthorized construction of a haul road at the northern end of its property contemporaneous with the issu- ance of Notice 82-16. Further evidence of mistake or misunderstanding is provided by the assertion in the notice that the Kerr Coal haul road is not addressed or approved in Kerr Coal's permit. On the contrary, Map 28a contained in Permit No. C-006-80 clearly de- picts the subject haul road at the southern end of Kerr Coal's permit area and terminating at the permit boundary adjoining Wyoming Fuels' Canadian Strip operation. We submit that this fact rebuts the entire basis for issuing the notice and necessi- tates its vacation. ~ ~~ r ~. ~ GLC~ £.a!sa ~ 1 ~i/~V ~ /Jn iivi ' ~~ ~'~'./i 'P i ~ i y F `~ . ~ ...'/~ -2-