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iiiiiiiiiiiiiiiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY e~co <br />Department of Natural Resources R~.° ro~ <br />~~ <br />1 31 3 Sherman SL, Room 215 ~ <br />Denver, CO 80203 ~• <br />• rB )6 • <br />Phone: 1303) 866~J567 <br />FA%~ IJ031 832-8106 <br />Rny ROmer <br />Governor <br />Se tember 30, 1993 Michael B. LOng <br />p Division Dneclor <br />Mr. Scot Anderson <br />Mountain Coal Company <br />c/o ARCO <br />555 Seventeenth St. <br />Denver, CO 80202 <br />RE: Request to Vacate - Notices of Violation - C-93-112, C-93-113, and <br />C-93-114 - Mountain Coal Co. - West Elk Mine - Permit No. C-80-007 <br />Dear Mr. Anderson: <br />I have reviewed your request, received September 7, 1993, to vacate the <br />above-referenced Notices of Violation. It is my determination that Notice of <br />Violation C-93-113 (Topsoil Consolidation) can be vacated. However, Notices <br />of Violation C-93-112 (Surface Owner Notification) and C-93-114 (Light Use <br />Roads) appear to have been properly issued, and I refer consideration of these <br />Notices of Violation to an assessment conference officer, or the Mined Land <br />Reclamation Board (Board). <br />Notice of Violation C-93-113 (Topsoil Consolidation) <br />This violation is vacated because the existing Mountain Coal Company <br />permitting documents indicate that the topsoil in question was moved from an <br />approved location to another approved location. Map Nos. 53 and 54 seem to <br />show that this is the case. It is my determination that while the permit <br />documents seem to imply compliance, there remains a need to clarify the <br />topsoil management plan for the West Elk mine. This is particularly important <br />given the fact that the Division staff has identified a possible topsoil <br />budget deficit at the site. <br />I hereby direct Mountain Coal Company to submit a technical revision <br />application, no later than October 29, 1993, which provides a map showing each <br />distinct topsoil pile location, and the amount of topsoil stored at each <br />location. Mountain Coal Company is also directed to address all pending <br />topsoil budget issues as previously identified by my staff. Mountain Coal <br />Company is referred to Rule 2.05.3(5) which requires "A map of any proposed <br />storage structures," as well as the other pertinent topsoil related rules. <br />Finally, please be aware that the Mountain Coal Company assertion that "There <br />is no requirement to revise the permit prior to topsoil relocation" is not <br />correct. All mine related activities must be approved by way of a specific <br />