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<br /> <br />Mr. Michael B. Long <br />April 16, 1993 <br />Page 2 <br />attached Colorado Mined Land Reclamation Division inspection report from the West <br />Elk Mine dated October 22, 1991, demonstrates that the Division reviewed subsidence <br />monitoring data from the period during which Mountain Coal allegedly failed to report <br />data to the Division. Further, every inspection report during the relevant period found <br />Mountain Coal to be in compliance with the subsidence monitoring requirements. <br />Mountain Coal therefore never had any indication that subsidence compliance was in <br />question and, in fact, had no way of knowing that the Division's files were deficient. <br />It is clear from Ms. Welt's affidavit and the attached inspection report that Mountain <br />Coal Company's West Elk Mine did in fact provide subsidence monitoring data to the <br />Division during the period between October of 1990 and January of 1993. <br />The sole basis for Mr. Matthews decision not to recommend vacating the NOV is that <br />he "finds it hard to believe" that the Division would not have in its files a subsidence <br />monitoring data report from this period. It is our understanding, however, that in fact <br />the Division often had difficulty during this period keeping track of all the paperwork <br />from the mines it regulates and had boxes of accumulated correspondence. The fact <br />that the Division cannot locate in its files subsidence monitoring reports from the West <br />Elk Mine for 1991 cannot by itself be sufficient to sustain a finding that Mountain Coal <br />Company violated Division regulations. Ms. Welt's recollection of hand delivering <br />subsidence monitoring reports to the Division establishes by a preponderance of the <br />evidence that the reports were provided to the Division during this period. <br />Mountain Coal Company requests that you discuss this issue carefully with Mr. <br />Matthews before accepting his recommendation not to vacate the NOV. Mountain <br />Coal Company believes that it has established that reports were submitted to the <br />Division during the period described in the NOV. We would welcome the opportunity <br />to discuss this issue with you, Mr. Matthews, and any other Division representative <br />in greater detail. <br />Thank you for your careful consideration of this matter. Mountain Coal would <br />welcome the opportunity to provide any additional information necessary for you to <br />vacate NOV C-93-006. <br />Sincerely, <br />~~f'',l/vJ~~ <br />S.W. Anderson <br />Attachments <br />cc: Christine Johnson ,Division of Minerals & Geology <br />David Barry, Division of Minerals & Geology <br />Kathleen G. Welt, Mountain Coal Company <br />Terry O'Connor, ARCO Coal Company <br />