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iii iiiiiiiiiiiiiiu <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SI., Room 215 <br />Denver, CO 80203 <br />Phone: 13031 8663567 <br />FAX: 13031 83 2-8106 <br />December 23, 1993 <br />Mr. Jack Crichton <br />American Shield Coal Company <br />Fruita No. 1 and No. 2 Mines <br />10830 N. Central Expressway, Suite 175 <br />Dallas, TX 75231 <br />RE: Fruita No. 1 and No. 2 Mines <br />FTACO C-93-158 <br />Dear Mr. Crichton, <br />pp cow <br />ti :R <br />He ~ O <br />r8 T6 ~ <br />Roy Rome. <br />Governor <br />Michael 8. Long <br />Division Director <br />On December 15, 1993 FTACO C-93-158 was written to American Shield <br />Coal Company for failure abate the Fruita violation to backfill and <br />grade the upper bench area so the highwalls are completely <br />eliminated. A partial inspection was conducted on December 14, <br />1993 by DMG to determine if the abatement steps of NOV C-91-024 <br />were completed. The inspection revealed that the highwall has not <br />been eliminated as outlined in the abatement steps. <br />Rule 5.03.2(6) requires that an informal public hearing be held at <br />the mine site following issuance of a cessation order, unless the <br />right for the hearing is waived in writing by the operator. Please <br />indicate to the Division in writing if American Shield Coal Company <br />waives its right to an informal public hearing on site. This <br />waiver on the site hearing does not hinder the normal appeal <br />process as outlined in Rule 5.03. If the Division does not receive <br />a response by January 12, 1994 an informal public hearing will be <br />scheduled on site. <br />If you have any questions, please do not hesitate to call. <br />Sincerely, <br />Erica S. Crosby v <br />Environmental Protection Specialist <br />cc: Larry Routten <br />m:\coal\esc\fruit\931223 <br />