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• STATE O~COL III IIIIIIIIIIIII III <br />DIVISION OF MINERALS AND GEOLOGY <br />Deyartment ul Natural Resources <br />1713 Sherman St., Runm 215 <br />Denver, Colorado BD!01 <br />Phone: 17031 866-3 567 <br />FA%: I30h 8728106 <br />August 25, 1997 <br />Mr. Phil Schmidt <br />Mountain Coal Company <br />PO Box 591 <br />Somerset, CO 81434 <br />RE: West Elk Mine, Permit No. C-80-007, NOV Nos. CV-97-008, CV-97-009, and <br />CV-97-010 <br />Dear Mr. Schmidt: <br />II~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Ruy Romer <br />Governor <br />lames 5. Lxhhpad <br />Eaecurrve Dupcror <br />Michael B Long <br />Orv~sion Direcror <br />Thank you for your letter to Mike Long dated August l 1, 1997 which requests vacation of the <br />above three Notices of Violation (NOV). At this time Mr. Long has not made a decision <br />concerning 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 />oZ`~~C~.~l~ <br />Susan McCannon <br />Coal Program Supervisor <br />cc: David Berry <br />Michael Boulay <br />