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~~ iiiiiniiiiuiiiiii STATE OF COLUI~VU DIVISION OF MINERALS AND GEOLOGY Department of Natural Resource. I) I1 Sherman SI . Koom .15 y Denver, Colorado N0207 Il ~~ Phone. i3U31 tlfi6-7567 I FAX. 170.7) N7'-N7Ufi DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor December 7, 1998 lamev 5. Lochhe.rd Exec~nve Director m ~chael B Long Kathleen G. Welt Division Direcor Mountain Coal Company P.O. Box 591 5174 Highway 133 Somerset, CO 81434 RE: Mountain Coal Company, NOV C-08-009 Dear Ms. Welt: I have reviewed the information submitted in your October 30, 1998 letter and discussed the facts relevant to this Notice of Violation (NOV) with my staff. Based on the previous lack of clarity concerning the location of the permit boundary at the train loadout and the apparent clarification of this matter in the mine permit, I have decided to vacate NOV C-98-009. The NOV was issued when earthen materials which had been excavated from a new pond were observed to be outside the approved permit boundary near the train Ibadout. Division inspectors discussed this matter with MCC staff at the time of the inspection. During those discussions, both MCC staff and Division inspectors agreed that the material was outside the approved permit area. After further review of the description of the permit area in the mine permit and a survey of the area by a certified land surveyor, MCC requested that the NOV be vacated. Based on the information provided by MCC, it appears that the material was placed within the area described as the permit area in the approved permit. However, the permit boundary shown on maps in the approved permit was not where the legal description indicated it would be. MCC has subsequently addressed the discrepancy between the legal description and the permit maps. Therefore, I would not anticipate the recurrence of confusion about the extent of the approved permit area.