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III IIIIIII~IIIII III <br />sss <br />January 4, 2000 <br />Mr. Phil Schmidt <br />Engineering Manager <br />Mountain Coal Company <br />P.O. Box 591 <br />Somerset CO 80434 <br />Re: Request to vacate NOV CV-99-015, West Elk Mine, Permit No. C-80-007 <br />Dear Mr. Schmidt: <br />I have received your letter of December 30, 1999, in which you request that I vacate Notice of <br />Violation CV-99-015. Based upon the information available at this time, it appears that the <br />violation was properly issued. <br />In considering this matter, I reviewed the file and considered the fact that the mining cited <br />crossed into an area for which a mine plan action by the Office of Surface Mining had not been <br />completed. <br />That said, I also recognize that Mountain Coal Company has been forthright in discussing this <br />matter and cooperated throughout the process, including providing information and maps to the <br />Division during the time leading up to the issuance of the violation. <br />This matter should be referred to the assessment conference process if you are not satisfied with <br />this decision. Please call if you have any questions. <br />Sincerely, <br />Michael B. Long <br />Director <br />cc: Jim Burnell <br />Larry Routten <br />David Berry <br />