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iii iii i ii i ii iiii iii <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031 866-3567 <br />FA%: 13031 832-8106 <br />Date: November 4, 1994 <br />To: Mountain Coal Company File <br />Permit No. C-80-007 <br />From: David Berry's <br />Re: Probable Mining Beyond Approved Boundary <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Executive Direcor <br />Michael B. Long <br />Division Director <br />Today we received a fax transmittal from Mountain Coal Company detailing their belief that <br />mining has progressed beyond the approved permit and lease boundary in Section 30. <br />I spoke with Phil Schmidt at about 1:30 p.m. today, and informed him that we cannot allow <br />mining beyond an approved permit boundary, and that a notice of violation might be issued after <br />all of the facts of the situation have been assessed. I requested that MCC double check their <br />survey information. Phil said that he would, and that he would call back. <br />At about 4:00 Phil called again, on speaker phone, with the company's surveyor also in the <br />room. Phil expressed his confidence in the survey data and that he is sure MCC has mined <br />beyond the approved boundary. <br />Phil asked if there were any permitting procedures that could be implemented to remedy the <br />situation, and we agreed that none were appropriate. Phil stated that the crews would be pulled <br />out of the illegal area tonight. I indicated that we would contact MCC Monday with our decision <br />regarding our follow-up actions. <br />DAB/bjw <br />c: Christine Johnston <br />Susan McCannon <br />M:\O55\B1W\DAB.MCC <br />