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Notice of Violation CV-99~ • Page 2 <br />December 30, 1999 <br />extended the length of Panels 18 through 24, thus shifting the Box Canyon North Mains west, to <br />achieve MER and believed that this adjustment was not subject to the revision process. The <br />extension of the panels was within MCC's approved permit area and not considered a mine plan <br />change by MCC. <br />Furthermore, there was no environmental consequence of making this change. No drainage or <br />structure will be undermined with this adjustment. The impacts of mining in the azea had been <br />discussed, reviewed and approved in Permit Revision No. 6 and Minor Revision No. 196. <br />The abatement requires MCC to incorporate the area that has been mined into the permit by the <br />pending and final approval of Permit Revision No. 8. MCC submitted this permit application in <br />February 1998. As of this letter, this application has still not been approved. The revised map <br />submitted with the PR#8 application showed the lengthened panels as the map represented <br />MCC's most up-to-date mine plan. As stated previously, MCC believed this adJustment was not <br />amine plan change, so did not submit a sepazate revision even though the approval of PR#8 was <br />delayed. The abatement also requires MCC to cease all mining activities in the area subject to <br />the NOV, which MCC had done prior [o the issuance of the NOV due to reprioritization of <br />development mining. <br />Based on the information presented in this letter, MCC requests that the Division reconsider the <br />issuance of the NOV, and vacate the NOV as the appropriate resolution. MCC believes that no <br />infraction has occurred. MCC has interpreted the regulations such that minor adjustments to the <br />mine plan aze allowed. There is clearly no environmental or any detrimental consequence of <br />MCC's actions, as the adjustment made was within the permitted area. MCC believes it <br />important to note that we have been forthcoming with CDMG staff about our mine plans and <br />where mining has occurred. Given these factors, it seems that our time could be better spent <br />working on the resolution of PR#8. <br />Thank you for your consideration. <br />Christine E. Jo <br />Environmental <br />cc: Gene DiClaudio <br />Phil Schmidt <br />Blair Gazdner, Arch Coal, Inc. <br />Larry Routten, CDMG <br />Jim Burnell, CDMG <br />