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.~ <br />III~II~II~II~~II~II <br />sss <br />RECEIVED <br />JAN 2 ~ 2000 <br />Ciwsion of Minerals 6 Geology <br />STATE OF COLORADO <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF MINERALS AND GEOLOGY <br />MINED LAND RECLAMATION BOARD <br />In Re: <br />Mountain Coal Company, L.L.C. Notice of Violation CV-99-O1 <br />Permit No. C-80-007 <br />Notice of Appeal <br />Mountain Coal Company, L.L.C. (hereinafter, "MCC" or "Petitioner") appeals the <br />issuance of the above referenced notice of violation, the issuance of a civil penalty in the <br />amount of $1,050.00, and requests formal review by the Board of both the fact of the <br />violation and the amount of the penalty as authorized by section 5.03.5 of the Rules f the <br />Mined Land Reclamation Board. In support thereof, MCC states the following. <br />1. MCC is a limited liability company organized under the laws of Delaware and <br />registered to do business with the Secretary of State of Colorado. It is a wholly owned <br />subsidiary of Arch Western Resources, LLC which in turn is a majority owned subsidiary <br />of Arch Coal, Inc. At all times relevant to proceeding, MCC has been licensed and <br />permitted by the Division of Minerals and Geology ("Division")to conduct underground <br />coal mining operations at the West Elk Mine in Gunnison and Delta Counties, Colorado. <br />2. On December 6, 1999, MCC was served with NOV CV-99-015 which alleged <br />violations of §2.05.3(2)9b), §2.07.7(7), and §2.08.4(4) of the Rules of the Mined Land <br />Reclamation Board. A copy of the notice of violation is attached hereto. <br />3. On January ] 0, 2000 the Division issued a notice of proposed amount of civil <br />penalty in the amount of $1,050. Payment of the proposed penalty as required by <br />§5.04.4(1) is enclosed. A copy of the notice in attached hereto. <br />