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:. • . <br />4. MCC denies that a violation of the rules and regulations of the Boazd has <br />occurred in that the azea alleged by the Division in which unauthorized mining has <br />occurred was, in fact, permitted by the Division in 1996, and was deleted by a mistake of <br />fact by the federal Office of Surface Mining during that permit revision. <br />5. Because MCC was authorized to mine and remove coal from the area in <br />question, adjusting the location of the main entries was insignificant and did not require <br />the submission of either a minor or technical revision to its permit. <br />6. No environmental consequence resulted from the change in the location of [he <br />main entries, or the lengthening of the longwall panels of coal to be mined east of the <br />main entries as a result of the adjustment to the mine plan. <br />7. MCC requests that NOV CV-99-O15 be vacated and the civil penalty assessed <br />be returned upon an entry of a decision in its favor. The payment of the proposed civil <br />penalty has been prepaid as required by the rules of the Mined Land Board, and delivery <br />of the penalty made by MCC. <br />Respectfully submitted. <br /> <br />Blair M. Gardner, Esq. <br />Assistant General Counsel <br />Arch Coal, Inc. <br />Counsel for Mountain Coal <br />Company, L.L.C. <br />