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iii iiiiiiiiniiiiii <br />999 <br />DIVISION OF MINERALS AND GEOLOGY <br />Dnpanmum u( Natural Resources <br />111 3 Sherman Si . Kaom 315 <br />Denver, G,lurarlu 811?03 <br />Nhnnc ~ 110 f I N66- 3567 <br />F:\X' 111111 Hi!-HIOfi <br />August 25, 1998 <br />STATE OF COLORADO <br />RECENED <br />,li4IU ~ ~ 3lctjj; <br />,~~~~~~ <br />DEP,SRTMENT OF <br />NATURAL <br />RESOURCES <br />Mr. Scott Wanstedt ONbbn of Minerals 3 Geology a°' anmer <br />Environmental Engineer Grand Junction ~°~`~°°` <br />lames 5. Lochhead <br />Blue Mountain Energy, Inc. e.ecmrve otrect°, <br />Deserado Mine Mlcnze~ s t°°K <br />3607 County Road 65 oiv~sinn D~reei°r <br />Rangely, CO 81648 <br />RE: NOV CV-98-007-Request for Vacation-Deserado Mine (Permit No.C-81-018) <br />Dear Mr. Wanstedt: <br />I have reviewed the request for vacation and accompanying information relevant to NOV <br />No. CV-98-007, dated August 20, 1998. I am declining to vacate the NOV at this time, <br />as I am not convinced that the NOV was unwarranted or that the culvert maintenance <br />could not have been performed within the ten-day period between the storm event and <br />issuance of the NOV. I have forwarded your letter to the assessment officer for <br />consideration in assessing a proposed civil penalty. If you so choose, you will have the <br />opportunity to challenge the fact of the violation and the proposed civil penalty amount <br />in an assessment conference, pursuant to Rule 5.04.3. The conference officer can <br />recommend to me that the violation be vacated, if, in his/her judgement, based on <br />information presented at the conference, issuance of the NOV was inappropriate. <br />You have the option of immediately requesting a formal hearing before the Mined Land <br />Reclamation Board, pursuant to Rule 5.03.5, but I would urge you to pursue resolution <br />of the matter through the assessment conference process. If you are dissatisfied with <br />the outcome of the assessment conference, you will still have the opportunity to appeal <br />both the penalty amount and the fact of the violation to the Board, pursuant to <br />Rule 5.04.4. <br />Please contact me if you have any questions. <br />Sincerely, <br />Michael B. <br />Director <br />cc: Murari Shrestha, Western Fuels Assn. <br />Dan Mathews, DMG Grand Junction ,/ <br />David Berry, DMG Denver <br />Denver File m:\coal\dtm\cv007vacltr <br />