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~J ARCO :% legal 555 Seventeenth Street Cenver. CO 80202 Telephone 303 293 1230 Fjcsimile 303 293 X092 Scot W. Andersen Se~ror anorr:ey RF~~I~i c% APR 2 g 1993 April 27, 1993 Colorado Mined Land Reclamation Board State of Colorado Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Onrsror ,~ ~ AL'u8ru.: a .]ClIL'Y: CERTIFIED MAIL Return Receipt Requested Re: Request for Formal Review of Notice of Violation C-93-006 Dear Sir or Madam: On February 19, 1993, the Colorado Division of Minerals and Geology (Division) issued Notice of Violation (NOV) No. C-93-006 to Mountain Coal Company's West Elk Mine, located near Somerset, Colorado. This NOV was the first issued to Mountain Coal Company's West Elk Mine in nearly seven years. While acknowledging that Mountain Coal Company performed subsidence monitoring surveys throughout the relevant period, the Division alleges in the NOV that Mountain Coal Company failed to submit subsidence monitoring reports to the Division between October of 1990 and January of 1993. Mountain Coal Company disputes this allegation. On March 16, 1993, the Division assessed a 5500 penalty for this NOV. On April 14, 1993, Mountain Coal Company participated in an assessment conference concerning this NOV. As a result of that conference, the Division modified and terminated the NOV because the Division found that Mountain Coal Company had abated the NOV prior to its issuance. The Division also reduced the proposed penalty from 5500 to S250. The Division did not, however, grant Mountain Coal Company's request that the NOV be vacated. Mountain Coal Company therefore requests that the Board formally review NOV C-93- 006. Mountain Coal Company believes that this NOV was improvidently issued and rests on a misapprehension of both the facts underlying the NOV and the legal standard for compliance with subsidence monitoring requirements.