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III IIIIIIIIIIIII III <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866.3567 <br />FAX: (3031832-8106 <br />DATE: December 6, 1993 <br />TO: Civil Penalty As~Dsye/s~sment Officer <br />FROM: Larry Routten v~r ~ <br />RE: NOV C-93-149, Eastside Mine (C-84-063) <br />OF ~~ <br />N~ , <br />ti~~ <br />a <br />~ r816 <br />Roy Romer <br />Governor <br />Michael B. LOng <br />Dinsion Director <br />This NOV was issued for failure to notify surface owners six months <br />prior to undermining their property. Due to the circumstances of <br />this violation, I would recommend considering this as an <br />administrative violation for purposes of penalty assessment. <br />To date, only one surface owner's property has been undermined. <br />The surface owner also owns the coal being mined. The owner has <br />therefore been receiving royalties and has obviously been aware <br />that .mining was occurring beneath their property. The mine <br />operator merely failed to send a notice with the information <br />specified on Rule 4.20.2. <br />STATE OF COLORADO <br />c:\wp51\12693 <br />