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<br />renewal, to the extent not previously submitted, the operator shall submit a detailed <br />plan of the underground workings. The plans shall include maps and descriptions, as <br />appropriate, of significant features of the underground mine, including the size, <br />configuration, and approximate location of pillazs and entries, extraction ratios, <br />measures taken to prevent or minimize subsidence or related damage, azeas of full <br />extraction, and other information requested by the Division for good cause shown." <br />(emphasis added) <br />NKC was not in violation of Rule 4.20.1(3) as the NOV was issued outside the <br />time&ames of a permit renewal or permit revision. Further, the information required <br />by the performance standazd does not include the "azeal extent and orientation of the <br />underground workings" as cited in this Rule. Therefore, NKC did not violate this <br />Rule. <br />In conclusion, NKC believes that we have presented sufficient evidence and convincing <br />azguments that CV-2006-005 was issued in error and NKC was not in violation of the <br />cited Rules. We request that you vacate the NOV as your authority as Director allows. <br />This request does not constitute a relinquishment of NKC's right to request formal review <br />by the Colorado Mined Land Reclamation Boazd within the allowed timefiames. <br />For further consideration, NKC would like to offer the observation that the Division <br />needs to consider that operations as complex as an underground coal mining operation <br />need to be able to respond to changing conditions in the physical environment rapidly and <br />without constant threat of citation. It is our observation that the intent of SMCRA and <br />the Colorado Surface Coal Mining Reclamation Act is to acknowledge the importance of <br />coal mining, balanced with the need to protect valuable environmental resources without <br />interference in the conduct of individual businesses or needless bureaucratic paperwork. <br />If NKC can provide additional information, please contact me at your convenience. <br />Sincerely, <br />Thomas Bird <br />Manager of Coal S ices <br />c: Trent Peterson, NKC <br />Michael Savage, Savage and Savage <br />National King Coal, LLC Page 3 <br />Request for Vacation: Notice of Violation CV-2006-005 <br />