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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Na[u ral Resources <br />1313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />DIVISION O F <br />Phone: (303) 866-3567 1~'t I N E RA L S <br />FAX: (303) 832-8106 & <br /> GEOLOGY <br />July 26, 2002 M I N I N GM S A F EOT Y <br />Jerry Koblitz <br />Mr Bill Owens <br />. <br />Greystone Environmental Consultants, Inc. Governor <br /> <br />5231 S. Quebec Street Greg E. Walther <br />Executive Director <br />Greenwood Vlllage, CO 80111 Ronald w. cattany <br /> Acting Division Director <br />Re: Request for Partial Vacation, DMG Notice of Violation CV-2002-010 <br />Picketwire Processing, LLC, The New Elk Mine, DMG Permit No. C-81-012 <br />Dear Mr. Koblitz: <br />Hello, and thank you for your letter of July 3, 2002 requesting a partial vacation of DMG Notice <br />of Violation (NOV) CV-2002-010. <br />This NOV was written for failing to conduct approved water quantity and quality monitoring at <br />the New Elk Coal Mine. The NOV consists of four parts. Parts 2 and 4 are the subject of this <br />requesl for partial vacation of the NOV. DMG staff does not support this request for vacation. <br />Protection of Colorado's water resources from the possible adverse effects from coal mining is a <br />important responsibility of the Division of Minerals and Geology. For the Division to perform <br />this function, coal mine operators must conduct their water monitoring plans as approved, <br />especially when changes in mine status require more frequent water monitoring, analysis, and <br />reporting. While mine status changes may understandably raise questions as to when a particular <br />water monitoring plan is in effect, operators should discuss these questions with the Division <br />before proceeding with a potentially incorrect choice. <br />h3 this case, as the water monitoring program approved for the New Elk Mine while in active <br />status vas not followed, the request to vacate Parts 2 and 4 of this NOV is denied. Should new <br />information come to light that you believe may have a bearing on this decision, please feel free to <br />re-submit your request. <br />re y, <br />etc-a'~if'.~l/ ~-+%r / <br />Ronald W. Cattany <br />Acting Division Director <br />Cc: Kent A. Gorham <br />