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Michael Long <br />July 18, 1995 <br />Page 3 <br />Mountain Coal therefore requests that this portion of the NOV be vacated. <br />3. TODSOII <br />The Inspection Report accompanying the NOV alleges that <br />development or coal mine waste [wasj being carelessly handled <br />resulting in material being spread on undisturbed areas thereby <br />contaminating the topsoil which had not been salvaged prior to <br />placement of this waste. <br />Inspection Report, page 2 of 3. <br />In fad, all topsoil within the disturbed area at the site had been salvaoed, stockpiled, and <br />certified, as required. At no point did Mountain Coal place development waste on <br />undisturbed ground or on an area where topsoil had not been salvaged. A few plants <br />had evidently emerged from the root stock left in the subsoil below and was growing <br />through subsoil material stockpiled along the perimeter of the pile site (you may recall <br />from our meeting that subsoil and other non-toxic cover material had to be stockpiled at <br />the site, i.e. the first material out of the slopes being developed had to be segregated <br />and stockpiled for placement over the coal that was last material removed from the <br />slopes). The Division has erred in making this allegation, and Mountain Coal asks that <br />this portion of the NOV be vacated. <br />4. Penal <br />The Division seeks a $2,250.00 penalty for this NOV. It appears that the Assessment <br />Officer has based this penalty on the mistakes of fact contained in the Inspection Report. <br />The Notice of Proposed Amount of Civil Penalty asserts that Mountain Coal's actions <br />were intentional and of significant serious. As discussed above, the sediment control at <br />the waste pile was functioning adequately and Mountain Coal did not place waste <br />material on topsoil. Mountain Coal is very concerned that the mistakes of fact and <br />mischaracterizations found in the Inspection Report could lead to the findings set forth in <br />the penalty assessment. It is critical that these errors be cortected and the NOV <br />vacated. <br />Again, Mountain Coal appreciated your consideration of the vacation request and your time to <br />meet with us in Denver and at the West Elk Mine. <br />Sincerely, <br />~~D 6. S~-=e,Q~- <br />Phil G. Schmidt <br />Engineering Manager <br />cc: Scot Anderson, ACC <br />David Beny, CDMG <br />Christine Johnston, CDMG <br />Susan McCannon, CDMG <br />Anthony Waldron, CDMG <br />Kathy Welt, MCC <br />