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35 <br />r . ,;~. <br />National King Coal, LLC Telephone: Fax: Email: <br />(970),385-4528 (970)385-4638 nkc~NKCmine.com <br />P.O. Box 2827 4424 County Road 120 <br />Durango, Colorado 81302 Hesperus, Colorado 81326 ~O i <br />September 12, 2006 ~ ~ ~ ~ I ~ <br />Mr. Ronald W. Cattany, Director OCT 0 2 2006 <br />Colorado Division of Reclamation, Mining and Safety Division of Reclamation, <br />1313 Sherman Street, Room 215 Mining and Safety <br />Denver, Colorado 80203 mac' ~~- <br />RE: Request for Vacation of Notice of Violation CV-2006-005, issued to National <br />King Coal, LLC <br />Deaz Director Cattany: <br />On September 6, 2006, Mr. Thomas Kaldenbach of the Coal Section issued Notice of <br />Violation CV-2006-005 (hereinafter, the NOV) to National King Coal, LLC (hereinafter, <br />NKC) for alleged violations of the Colorado Surface Coal Mining Act at the King Coal <br />Mine in La Plata County, Colorado. NKC wishes to submit additional information wit <br />this correspondence in accordance with CRS 34-33-123(2) and Rule 5.04.3(2} and <br />respectfully requests that you, as Division Director, vacate this violation, as improperly <br />issued, without adequate evidence or basis that a violation of the Act or regulations exists <br />currently or existed at the time of the NOV issuance. Our reasons for requesting the <br />vacation aze set forth below. <br />1. On August 16, 2006 Mr. Kaldenbach conducted a complete inspection of the King <br />Coal Mine. A complete inspection entails a complete review of all aspects of the <br />approved mining and reclamation plan as well as implementation of the plan on the <br />ground. In the inspection report Mr. Kaldenbach stated that there were no enforcement <br />actions taken as a result of the complete inspection. Twenty days later, though there had <br />been no changes to the approved mining and reclamation plan at the King Mine, Mr. <br />Kaldenbach issued the NOV. With the observation that their were no warranted <br />enforcement actions on August 16, 2006, and no changes to the plan had occurred in the <br />intervening period that would indicate anon-compliance, the allegation of a violation is <br />flawed. <br />2. As Mr. Kaldenbach did not undertake an inspection of the azeal extent and orientation <br />of the undergound workings, the Division has no prima facie evidence that a violation <br />occurred. <br />3. The NOV does not cite a violation of the Act or permit. If there is no violation of the <br />Act or approved pernut cited, the NOV is flawed and must be vacated. <br />4. The following secfions of the Regulations are cited as being violated in the NOV; <br />"Rules 2.07,7(7), 2.05.3(2)(b), 2.03.8(2), and 420.1(3). The requirements of each rule <br />aze cited below with NKC's response. <br />A. Rule 2.07.7(7) states, "The permittee shall conduct all surface coal mining and <br />National King Coal, LLC Page 1 <br />Request for Vacation: Notice of Violation CV-2006-005 <br />