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<br />_,-~ <br />Mr. Phil Schmidt -2- January 31, 1995 <br />Mountain Coal Company <br />While not necessarily agreeing with your interpretation of the regulation at issue, i.e., that a <br />permit boundary is controlled by what is depicted on the application map, your interpretation is <br />plausible. The map is unfortunately vague because of its scale, and the coal regulations do not <br />specifically state that, when determining the permit boundary, if there is a discrepancy between <br />on-the-ground markets and map depictions, the on-the-ground markers control. Because the <br />regulations do not expmssly address this issue, because you have agreed to provide the legal <br />description of your amended permit boundaries to this, office in the near future, because you <br />immediately stopped mining operations in this area when you discovered that you had mined <br />beyond the lease boundary for which you had permitted this operation; because you self-reported <br />this potential violation of your permit, because you aheady had entered a lease for the adjoining <br />area and so were not in trespass, and because your permit has now been revised to include the <br />subject area, I am vacating NOV C-94033. This vacation is subject to and contingent on your <br />providing an accurate legal description of your amended permit boundaries to this office by <br />February 6, 1995, and upon your understanding that this office has not waived any legal <br />argument it may have regarding this issue should it arise again. <br />Sincerely, <br />Michael B. Long <br />Division Director <br />MBL/bjw <br />c: David Beny, DMG <br />Steve Brown, AGO <br />Christine Johnston, DMG <br />Susan McCannon, DMG <br />M:\OSS\6IR'\MBL.MCC <br />