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DEPARTMENT OF NATURAL RESOURCES <br />o^ria H. o^n:n^^. E.^eutM Dir^ttor <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SMEITON. Dlrretor <br />Rich^rd D. L^mm <br />Gav^mor <br />July 3, 1984 <br />• <br />Mr. Michael S. McCarthy <br />Conover, McClearn and Heppenstall <br />2600 Centennial Plaza <br />1775 Sherman Street <br />Oenver. Colorado 80203 <br />Re: Kerr Coal Company NOY CY-84-112/Request for Vacation <br />Dear Mr. McCarthy: <br />I have considered your request of June 28, 1984 for vacation of the above <br />cited notice of violation. I cannot grant your request based on my analysis <br />of the notice. <br />The first basis for a request is that the conditions had not been observed or <br />pointed out previously. I agree that it is unfortunate that the condition <br />existed for a length of time unnoticed by either the Division inspectors or <br />the staff of Kerr Coal Company. The fact, however, that it was not noticed or <br />discussed does not have a bearing on whether or not a violation actually <br />existed at the time of the inspection. The Division staff and permittee are <br />always endeavoring to prevent violations from occurring, but unfortunately, <br />this is not always possible with the complexity of coal mining operations. <br />The second basis for your request is that the regulations cited do not relate <br />directly to the violation. My analysis of the statutory and regulatory cites <br />in the violation indicate that although they may not a1T have obvious direct <br />ties to the conditions on-the-ground, they do, in their totality, deal with <br />the condition of sediment from the spoil pile being deposited in an area which <br />is not designated to be disturbed, has had no topsoil removed and supported <br />substantial vegetative cover. <br />For these reasons, I am not vacating this violation. The points made in your <br />letter may well have significant bearing on the civil penalty assessment. If <br />you have any questions. please do not hesitate to contact me. <br />Sincerely, , <br />David C. Shelton <br />Director <br />DCS/mob <br />Doc. No. 2466 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30~) 866-3567 <br />• 1111111111111111111 <br />999 <br />